Second marriage void and illegal, but not immoral: HC

Court rules second wife eligible for maintenance as she was not aware of husband’s first marriage

NT Correspondent

Bengaluru: The second wife of a man is entitled for maintenance if she is not aware of his first marriage, the High Court of Karnataka has said. Quoting a Supreme Court judgment, the HC said, “As per the Hindu Marriage Act, second marriage is void and such marriages are illegal as per the provisions of the Act, but still they are not immoral and hence, a financially dependent woman cannot be denied maintenance on that ground.”

Allowing the maintenance of Rs.3,000 per month to a woman and Rs.2,000 for her minor son, the Division Bench of Justice Alok Aradhe and Justice Shivashankar Amarannavar ruled in favour of a 49-year-old woman and her five-year-old son. The woman and her son, residents of Yeshwanthapura, Bengaluru, had approached the HC after a Family Court in Tumakuru had dismissed their suit for maintenance from one Krishnamurthy, 64, from Tumakuru.

The woman had married the man, a priest at a temple, 25 years ago. After the wedding, she realised that he was already married. The advocate for the husband argued that the marriage was void as it was a second marriage and therefore she cannot claim maintenance.

The HC, however, said that this was a different case. “If the second marriage is consciously held to the knowledge of both the spouses that the first wife/ husband is living at the time of second marriage, Section 25 of the Hindu Marriage Act cannot be invoked to seek maintenance by either of the spouse of such bigamous marriage.

In the case on hand appellant No.1 was not aware of the earlier marriage of the respondent and the respondent had suppressed his first marriage. Appellant No.1 came to know after her marriage with the respondent that he is having wife and children,” the Court noted. The HC also noted that the husband had objected to the request for DNA test to prove that he was the father of their child.

“The very fact that the respondent opposed the said application for DNA test gives room for creating doubt of the contentions raised by the respondent disputing the relationship,” the court said. The court further said the minor son was also entitled for maintenance.

“As per sub-section (1) of Section 16 of the Act, 1955 even though the marriage is void under Section 11 of the Act, 1955 any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate. Therefore, appellant No.2 even though born out of the second marriage of the respondent with appellant No.1 is entitled for maintenance till he attains the age of majority,” the HC maintained.