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2002 Supreme(Mad) 898

PRABHA SRIDEVAN
Jayalakshmi – Appellant
Versus
Krishna Padayachi – Respondent


Advocates Appeared: For the Appellant:Mr. Venkateswaran, Advocate. For the Respondent:Mr. R. Srinivasan. Advocate.

Judgment :-

The only question that is raised in this second appeal is whether a woman, who has married a man when the earlier marriage has not been dissolved in accordance with law and when the first wife is still living, is a wife, who is entitled to claim maintenance under Section 18 of the Hindu Adoption and Maintenance Act.

2. According to the learned counsel for the appellant she is entitled to claim maintenance. The learned counsel for the respondent submitted that she is not entitled to claim maintenance and that, a Division Bench of this court is squarely on the point and would bind this decision in this second appeal.

3. Section 18 of the Act reads as follows:

"Maintenance of wife.-- (1)Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her lifetime.

(2) A Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance.--

(d) if he has any other wife living;

4. The law of maintenance applicable to Hindus is now totally covered by the Hindu Adoption and Maintenance Act. Of course excluding whatever right they
























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