Wife claiming maintenance
kk dubey
(Querist) 24 April 2012
This query is : Resolved
A person previously married having children entered registered marriage with another lady , suppressing the fact of his first marriage now second wife have taken divorce . Second wife has 3 children, second wife filed maintenance case and court ordered 2000/-Rs. PM . Now husband seeking cancellation of maintenance on ground that marriage is zero . Whether husband will succeed ?
Devajyoti Barman
(Expert) 24 April 2012
Yes legally speaking the second wife can not be entitled to maintenance u/s 125 crpc on the ground of of her marriage illegal.
However under PWDV Act she can claim maintenance.
Moreover the supreme court has recently held that the second wife in existence of valid first marriage take resor to section 498A IPC as well.
Deepak Nair
(Expert) 24 April 2012
Yes. The second marriage was void and the second wife has no right to ask for maintenance as explained above by the learned expert.
SAINATH DEVALLA
(Expert) 24 April 2012
The second wife can file a criminal case under PWDV 2005,stating that he has supressed the fact that he has already been married.He says that the second marriage is registered.He cannot escape from the cluthes of the second wife.498A is also on the cards.
Nadeem Qureshi
(Expert) 24 April 2012
no, Husband can nor succeed because recently Supreme court held in a case that if there is long cohabitation and the marriage is not valid or without marriage the wife/or the women has right to maintenance from her husband or likely husband.
feel free to call
ajay sethi
(Expert) 24 April 2012
second wife is entitled to maintenance under Dv act . husband wont succeed in cancellation of maintenace order
adv. rajeev ( rajoo )
(Expert) 24 April 2012
During the life time of the first wife, man cannot marry another lady if he is hindu. SEcond marriage is void, she cannot claim any maintenance.
SAINATH DEVALLA
(Expert) 24 April 2012
She has a better defence than him as they have registered the marriage.
Shonee Kapoor
(Expert) 24 April 2012
I agree that the maintenance claim of second wife as well as children exist.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor
(Expert) 24 April 2012
Wife can seek maintenance under PWDVA
She can also seek maintenance of children under CrPC 125 as well.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
