New Delhi – The Supreme Court has decided that a woman can ask for maintenance (financial support) from her second husband, even if her first marriage is still legally valid. A team of judges, Justice BV Nagarathna and Justice Satish Chandra Sharma, said that the laws about maintenance are meant to help people and should be interpreted in a way that serves their purpose, not just according to strict legal rules.
The law that allows maintenance claims for women under the Code of Criminal Procedure (CrPC) is now going to be updated to a new rule called Section 144 starting July 1, 2024.
In this case, the court told a man to provide maintenance to his estranged wife because, considering the circumstances, it wouldn’t be fair to deny her support. The judges emphasized that social welfare laws should be understood broadly to help those in need, rather than strictly to allow any unfairness.
The case started when a woman separated from her first husband in 2005 after signing a document, but they never formally divorced. Later, she married her neighbor in November 2005. After some issues, her second husband wanted their marriage to be annulled (canceled), which a family court allowed in February 2006. They later got back together and even had a daughter in January 2008.
However, they fought again, and the woman filed a complaint against her second husband and his family for dowry issues. After this, she asked for maintenance support for herself and her daughter. A family court granted her request, but later the Telangana High Court canceled that decision after the second husband appealed, arguing she wasn’t legally his wife because of her first marriage.
The Supreme Court disagreed with the second husband’s argument, overturned the High Court’s decision, and restored the order for him to pay maintenance.
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