August 4, 2023: A husband who has married for the second time under his personal law is still duty bound to provide for the first wife, the Calcutta High Court (HC) has ruled.
While delivering its order on July 31, 2023, the quashed a sessions court order which had reduced the monthly maintenance for the first wife from Rs 6,000 to Rs 4,000
See also: Property rights of abandoned wife
In this case, a family court ordered the husband to pay Rs 6,000 per month as maintenance to the first wife in 2016, following her plea that she was driven out of her matrimonial home after nine years of marriage over dowry, and his second marriage. However, a sessions court order in 2019 set aside the family court’s verdict and revised the maintenance amount to Rs 4,000.
While pronouncing its order in the Sefali Khatun Bibi versus the State of West Bengal, a single-judge Bench of Justice Sampa Dutt (Paul), said: “A man who can marry for the second time (permitted under personal law), is duty bound to maintain his first wife of 9 years. A woman who has diligently, sincerely, and lovingly put in so many years of her life in a relationship with her husband deserves to be looked after and cared for by him, as long as she needs or requires the same.”
See also: Property rights of second wife
An alumna of the Indian Institute of Mass Communication, Dhenkanal, Sunita Mishra brings over 16 years of expertise to the fields of legal matters, financial insights, and property market trends. Recognised for her ability to elucidate complex topics, her articles serve as a go-to resource for home buyers navigating intricate subjects. Through her extensive career, she has been associated with esteemed organisations like the Financial Express, Hindustan Times, Network18, All India Radio, and Business Standard.
In addition to her professional accomplishments, Sunita holds an MA degree in Sanskrit, with a specialisation in Indian Philosophy, from Delhi University. Outside of her work schedule, she likes to unwind by practising Yoga, and pursues her passion for travel.
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