Wife entitled to maintenance from second husband even without divorcing first husband: Supreme Court

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New Delhi: In a landmark judgment, the Supreme Court of India has ruled that a woman is entitled to maintenance from her second husband even if she has not legally divorced her first husband. The court overturned a previous Telangana High Court ruling, which had denied her claim for maintenance on the grounds that she had not officially ended her first marriage.

Wife entitled to maintenance from second husband even without divorcing first husband: Supreme Court
Wife entitled to maintenance from second husband even without divorcing first husband: Supreme Court

The case was brought before the Supreme Court after the petitioner challenged the Telangana High Court’s decision. The apex court, in its verdict, ruled in favor of the woman, citing Section 125 of the Criminal Procedure Code (CrPC), which ensures financial support for wives, children, and parents who are unable to maintain themselves.

The Supreme Court clarified that maintenance is not just a benefit for the wife but a legal and moral obligation of the husband. The ruling further stated that a woman, even if separated but not legally divorced from her first husband, can still claim maintenance from her second husband.

This verdict reinforces the judiciary’s commitment to ensuring the financial security and dignity of women in marital disputes.