Maintenance: Even second wife is entitled for a claim if she was unaware of husband's first marriage [Read the Order]

Supreme Court has recently refused to interfere in the High Court order granting maintenance to a second wife.

A bench of Justice Banumathi and Justice Bopanna has passed the order in the case titled as T K SURENDRAN vs P NAJIMA BINDU on 21.08.2019.

Supreme Coourt stated and held "In view of the judgment of this Court reported in 2014(1) SCC 188 titled Badshah vs. Urmila Badshah Godse and Anr., we are not inclined to interfere with the impugned judgment affirming the award of maintenance to the respondent-wife. The special leave petition is, accordingly, dismissed".

In their judgment in Badshah vs. Urmila Badshah Godse, the Judges had held "We are dealing with a situation where the marriage between the parties has been proved. However, the petitioner was already married. But he duped the respondent by suppressing the factum of alleged first marriage. On these facts, in our opinion, he cannot be permitted to deny the benefit of maintenance to the respondent, taking advantage of his own wrong. Our reasons for this course of action are stated hereinafter".

Read the Order here: