SC: Woman Entitled to Maintenance from Second Husband Despite First Marriage Still Valid

New Delhi (The Uttam Hindu): In a landmark ruling, the Supreme Court has held that a woman is entitled to maintenance from her second husband under Section 125 of the Criminal Procedure Code, even if her first marriage was not legally dissolved. The court emphasized that maintenance is not a mere benefit but a legal and moral duty of the husband, granting relief to a woman who had challenged a High Court order that denied her claim.

The woman had married her second husband despite not obtaining a formal divorce from her first spouse. She had separated from her first husband due to matrimonial disputes and later entered into a marriage with another man, who was fully aware of her previous marital status. When she sought maintenance after separating from her second husband, the family court ruled in her favor. However, the High Court later overturned the decision, stating that her existing marriage made the second one void.

The Supreme Court, while setting aside the High Court's order, observed that the second husband could not use legal technicalities to evade responsibility, especially since he had knowingly entered into the marriage not once, but twice. The bench further noted that the woman had been de facto separated from her first husband and was not receiving maintenance from him. The ruling reaffirms that a woman's right to maintenance should not be denied due to the absence of a formal divorce decree.