1. Second wife claimed maintenance during subsistence of first marriage without annulment. (Para 2 )
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2000 Supreme(SC) 440
SUPREME COURT OF INDIA
G.B.Pattanaik : U.C.Banerjee
Khemchand Om Prakash Sharma
Versus
State Of Gujarat
Case No. : 234 of 2000
Date of Decision : 2/25/00
A second marriage contracted during the subsistence of the first marriage, without a decree of divorce or annulment, is null and void, and consequently, the second wife is not entitled to claim maintenance.
Headnote:(A) Family Law - Maintenance - Validity of second marriage - Second marriage contracted during the subsistence of the first marriage without a decree of divorce or annulment is null and void - Maintenance cannot be granted to a person claiming maintenance as a second wife on such void marriage. (Para 2)
Facts of the case:
A claim for maintenance was filed by a woman asserting to be the second wife of the applicant. It was admitted that the applicant's first wife was alive and that the first marriage had not been annulled by a decree of divorce or otherwise. The courts below had granted maintenance in favor of the second wife and the children.
Findings of Court:
The courts below committed a mistake in granting maintenance in favor of the second wife. However, the children will continue to receive maintenance as previously directed.
Issues: Whether a person claiming maintenance as a second wife can be allowed such maintenance given the admitted position that the first wife is alive and the first marriage has not been annulled.
Ratio Decidendi: Any second marriage entered into during the subsistence of the first marriage is null and void; therefore, the second wife is not entitled to maintenance.
Result: Appeal disposed of and grant of maintenance in favor of the second wife set aside.
Legal Category Hierarchy
Table of Contents
2. Maintenance granted to second wife despite first wife alive and no divorce. (Para 2 )
3. Any second marriage during subsistence of first marriage is null and void. (Para 2 )
4. Second marriage during subsistence of first marriage is void; second wife not entitled to maintenance. (Para 2 )
5. Set aside maintenance granted to second wife; children's maintenance continues. (Para 2 , 3 )
6. Is a second wife entitled to maintenance during the subsistence of a first marriage?
No, because a second marriage during subsistence of a first marriage is null and void, so the second wife cannot claim maintenance. (Para 2 )
(1) LEAVE granted.
(2) THE short question that arises for consideration in this appeal is whether the respondent Jasumatiben, who claimed maintenance, being the wife of the applicant, can be allowed any maintenance on the admitted position that the applicants first wife is alive and there has been no annulment of marriage by a decree of divorce or otherwise. During the subsistence of the first marriage, any second marriage is null and void, and therefore, the courts below committed a mistake in granting maintenance in favour of Jasumatiben, who claimed maintenance as the second wife of the applicant. We, therefore, set aside the grant of maintenance in favour of Jasumatiben alone. Needless to mention the children, namely, Trupti and Vaishali will continue to get maintenance, as directed.
(3) THE appeal is disposed of. Arising out of Special Leave Petition (Criminal) No. 1727 of 1999
