Illegitimate wife maintenance
Querist :
Anonymous
(Querist) 10 November 2011
This query is : Resolved
Can illegitimate wife claim maintenance u/s 125.
ajay sethi
(Expert) 10 November 2011
you mean second wife? yes she can claim maintenance as per judgement of bombay high court under DV act
ajay sethi
(Expert) 10 November 2011
In a significant ruling, the Bombay High Court has held that a second wife can approach a court for claiming maintenance from her husband under the Domestic Violence Act.
A legally wedded wife can claim maintenance and alimony under the Hindu Marriage Act and she is also entitled to a share in the family property. But a second wife cannot claim her legal rights unless the man has divorced his first wife.
The ruling of the High Court that second wife can claim maintenance from her husband under the Domestic Violence Act of 2005 has been welcomed in legal circles.
In the recent judgement, Justice A B Choudhary rejected the maintenance claim of a Nagpur-based housewife Manda Thaore under CrPC but asked her to move a court under Domestic Violence Act to seek maintenance, accommodation and benefits from the man who married her 27 years back.
The judge also directed her husband Ramaji Thaore to pay a compensation of Rs. 15,000 to Manda to cover her legal expenses so that she could prosecute him under the Act.
"To my mind it is clear that the husband has treated Manda as if she was his wife (but it was second marriage)," Justice Choudhary observed.
"It is no doubt true that Ramji had cheated Manda and kept sexual relationships with her resulting in the birth of two children, but then as has been held by Supreme Court, no estoppel can operate against the Law and therefore, despite holding that there has been close relationship between the two and that Ramji treated her like wife and had children, this court cannot help Manda in getting maintenance," he remarked.
"It is for some other authority to take care of the situation in such type of unfortunate cases as this Court is unable to do anything in the matter.
"However, this is a fit case for Manda to have recourse to the provisions of the new beneficial Act, namely, the Protection of Women From Domestic Violence Act, 2005 and proceed against her husband under the said Act for claiming accommodation, maintenance," he said.
Ramji married Praba in 1965 and they were blessed with three daughters. In 1983, he married Manda who used to be a maid in his house. He had two children with Manda.
In 2005, Manda moved a family court to seek maintenance but her plea was rejected. Aggrieved, she moved the High Court.
Ramji opposed her plea saying as Manda was his second wife and he had not divorced his first wife Prabha, she could not claim maintenance from
him
Shonee Kapoor
(Expert) 10 November 2011
Yes, she can, if she was validly married.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 10 November 2011
i asked abt illegitimate wife ?
prabhakar singh
(Expert) 10 November 2011
Why?? when Mr. Sethi has already told you it can be under DVAct.
Shonee Kapoor
(Expert) 11 November 2011
Illegitimate wife means what?
A woman who was married but was marriage was not legal, i.e. second wife.
SHE CAN LAY CLAIM U/S 125 CRPC AS WELL.
A woman not married just staying as a concubine/ mistress.
SHE CAN LAY CLAIM U/S DV ONLY
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
H. S. Thukral
(Expert) 11 November 2011
It can not be under section 125 Cr.PC. Can be under DV Act
prabhakar singh
(Expert) 11 November 2011
Thats right u/s 125 Cr.P.C. it can not be.
Devajyoti Barman
(Expert) 12 November 2011
Yes
Even the illegitimate wife can file case u/s 498A IPC.
Guest
(Expert) 12 November 2011
Prabhakar ji,
Would you please like to clarify, what actually you wanted to convey by your answer, "Thats right u/s 125 Cr.P.C. it can not be?" Does it not convey double meaning, like, "it can be right u/s 125 CrPC, BUT it cannot be right?"
Guest
(Expert) 12 November 2011
Dear Anonymous,
How do you consider a wife to be illegitimate? Have you not married her?
A marriage can be unlawful, but wife, if you have married, cannot be illegitimate. Moreover, Section 125 makes a mention of illegitimate child, but not about illegitimate wife.
Even that section provides for maintenance of illegitimate dependent minor child, what to say about wife, which you may be treating as illegitimate just to avoid maintenance, but not having considered about illegality of marriage before marrying her.
prabhakar singh
(Expert) 12 November 2011
@Dhingra ji!!
I have put two answers ,the first support mr. sethi
and the second support mr. Harbhajan Singh Thukral
context should be always taken care of other wise i hail from a Bhojpuri Belt where my local native language always convey two meaning of all words unless the context is taken care of,then my capacity to use even English that way is credited to Bhojpuri.
Guest
(Expert) 12 November 2011
@Prabhakar ji,
That is fine for your clarification, but double meaning of any text, more particularly in law, tends to confuse not only the querist, but also other experts.
prabhakar singh
(Expert) 12 November 2011
@Dhingra ji!
It was very hard for me to get convinced my self that my reply "Thats right u/s 125 Cr.P.C. it can not be." IS CAPABLE OF CONVEYING TWO MEANINGS,THEN IN YOUR HONOR
I AVOIDED TO DISPUTE WITH YOU HENCE BY PASSED
IT IN ANOTHER FUNNY WAY.
BUT WHEN YOU ARE STANDING ON IT I DENY THAT MY ABOVE INVERTED SENTENCE IS CAPABLE TO CREATE ANY CONFUSION IN THE MIND WHO UNDERSTANDS ENGLISH.
Guest
(Expert) 12 November 2011
@Prabahkar ji,
May be! But that depends on how many are convinced.
prabhakar singh
(Expert) 12 November 2011
@Dhingra ji
Its not a matter of voting.
Guest
(Expert) 12 November 2011
@Prabahkar ji,
I have never stated that to be a matter of voting.
H. S. Thukral
(Expert) 12 November 2011
Mr. Dhingra, there is no confusion in the reply of Mr. Prabhakar Singh. It is different if it confused you. You must read it in conjunction with other replies.
Guest
(Expert) 12 November 2011
@Harbhajan Singh Thukral,
I read the reply only in conjunction with other replies, which are varied and also include Shri Shonee's reply along with yours and that of Shri Sethi. I just asked for clarification, but clearly, respected Prabhakar ji felt bad on that.
The fact is that, half part of his reply is in positive and the other half in negative, BUT without reference to the reply of any one, like that of Shri Sethi and yours, which Shri Prabhakar ji clarified later.
If you feel that the querist is supposed to be an expert to decipher the coded partial reply, then of course any reply can do.
prabhakar singh
(Expert) 12 November 2011
@Dhingra ji !
When you can read me as an astrologer i 'felt bad' then for what are you continuing it on.?
AAP KO MAIN SARWASHRESHTH HONE KA KHITAB DETA HOON MAGAR AGRAH KARTA HOON KI IS BARE ME AB KRIPA KAR K MUZHSE CHOCHBAZI BAND KAREN.
KYONKI AB MUZHE YAKEENAN BURA LAG RAHA HAI.
PAHLE KUCH NAHI LAGA THA.
Guest
(Expert) 12 November 2011
@Prabhakar ji,
aapki posting se hi pata chal gaya hai ki aap dobara bura maan gaye hain, jabki maine Harbhajan Singh ji ki post ka uttar diya tha.
Haan, yeh avashya samajh mein aa gaya hai ke aap nahin chahte ki main apni jaankari ke liye aap se koi clarification ki request karoon, jisko ki aap choch ladana samajhte hain.
Noted sir.
prabhakar singh
(Expert) 12 November 2011
@dhingra ji!
Main aap se jyada jaankar nahi hoon.
isliye meri jankari pe bharosa na karen.
