Second Wife .
Querist :
Anonymous
(Querist) 10 June 2011
This query is : Resolved
It has been said that a second wife cannot claim alimony for the husband but the children of the second wife can claim till they attain the age of majority as per the Indian majority act? Any case laws?
prabhakar singh
(Expert) 10 June 2011
i do not subscribe your view even a mistress can claim maintenance and offending rule of bigamy any lady shall be called mistress and not wife, i do not agree at all with you as you imported a term second wife.However all have right to maintenance, the Mistress as well as their children.
n.k.sarin
(Expert) 10 June 2011
no need any case law, it is a settled law.
Ravikant Soni
(Expert) 10 June 2011
I will go with prabhakar sir...
PALNITKAR V.V.
(Expert) 11 June 2011
What has been said by the learned experts is generally right. However, the question being related to Second wife, I would like to add that a second wife whose marriage is illegal[first wife still alive and marriage subsisting], is not entitled to maintenance u/s125 of Cr.PC. But the children are entitled to maintenance. Pls. check this link and also case of Savitaben Bhatiya decided by the Apex court.
http://www.indiankanoon.org/doc/1521881/
prabhakar singh
(Expert) 11 June 2011
Proceedings u/s 125 cr.p.c. are opted for they are speedy and effective so for as award and its'realization is concerned.BUT jurisprudence behind Maintenance is a civil law concern.
PALNITKAR V.V.
(Expert) 11 June 2011
I do agree. In fact I am also of the view that one who contracts second marriage or keeps mistress, should take care of her maintenance. But the legislature has used the word " wife" in section 125 and also mentioned about children, legitimate or illegitimate. Wife is also defined in Explanation. This puts limitations on interpretation. Unless the Apex court gives wide interpretation to it, it is difficult to give maintenance to second wife who has contracted marriage during subsistence of first marriage. The issue had arisen before the SC in the case of Chanmuniya. The matter rests now with the larger bench as Savitaben's ruling was against and the bench of coequal strength could not overrule Savitaben's ruling.
Devajyoti Barman
(Expert) 11 June 2011
To put its simply , the section 125 of CRP makes it abundantly clear that the illegitimate children can also apply for maintenance which makes it needless to ask for any citation.
In Velusamy case the Supreme Court gave some legitimacy on the live in relationship.
