Second wife is also entitled to alimony in some cases - SC

Human relationship is the most puzzled, complicated and inexpressible affair in which nothing can be predicted. With drastically happening changes in the mind sets of the people and growing level of education and earning capabilities of the women, relations are witnessing a never-before overhaul. In the past two decades, matrimonial affairs have been the most talked about issues in the legal corridors of India.

On the concept of second wife The Supreme Court recently ruled that a second wife in a Hindu marriage would also be entitled to alimony in some cases. The court said if a man has kept his second wife in the dark about his first marriage, he is legally bound to provide for her and their children, although she cannot be treated as a “legally wedded wife”.

Stating that the court had to further the cause of “social justice”, a bench of Justices Ranjana P Desai and A K Sikri said, “Provision of maintenance would definitely fall in this category which aims at empowering the destitute and achieving social justice or equality and dignity of the individual”.

While Section 125 of the CRPC envisages a claim for maintenance only by a legally wedded wife, the court said, “If this interpretation is not accepted, it would amount to giving a premium to the husband for defrauding the wife. Therefore, at least for the purpose of claiming maintenance, such a woman is to be treated as the legally wedded wife.”

On its earlier rulings which held that the second wife in a Hindu marriage could not claim alimony, the court said, “The said judgment would not apply to those cases where a man marries a second time by keeping that lady in the dark about the first surviving marriage.”

On the whole, the legal machinery has also started working as per the changing mood of our so-called modern society. The piousness of the relationships is gravely encroached and witnessing a rapid rise. The above-mentioned ruling of the Supreme Court will work as a torch bearer to those who could not check themselves from coming out of the disciplined line of the marital relationships.

If you need any further information or clarification in this regard, please feel free to contact us or post your queries on our website where one of our exclusively appointed legal experts will help you more: delhi-lawyers.in