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Husband's Bigamy Can't Deny Maintenance, Rules High Court
27 Jul
Summary
- A void marriage does not bar a wife from claiming maintenance.
- Husbands cannot exploit their own wrongdoing to deny support.
- Concealing an existing marriage makes a husband liable for maintenance.
The Allahabad High Court recently determined that a wife is entitled to maintenance under Section 125 CrPC, irrespective of her marriage being void. This entitlement stands when the husband concealed his subsisting first marriage, inducing her into the union. Justice Garima Prashad stated that a husband cannot leverage his own deceitful actions to deny financial support to a woman unaware of his prior marital status.
The court dismissed a man's plea against a family court's maintenance order while partially granting the wife's request for an increased amount. The wife sought enhancement from Rs 6,000 monthly, citing her husband's government salary of approximately Rs 50,000. The husband argued the maintenance claim was invalid due to his first marriage, which had not been dissolved at the time of his second ceremony on December 12, 2016. His divorce was finalized on November 15, 2017.
Upholding the family court's findings, the High Court found no illegality in the conclusion that the husband fraudulently hid his existing marriage. The deceived wife had no knowledge of this prior union. Relying on Supreme Court precedents, the court emphasized that Section 125 CrPC requires a beneficial interpretation to protect vulnerable women from exploitation and destitution.
