Maintenance can't be denied on account of 2nd marriage: Court

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New Delhi, Dec 4: A court here has asked a man to pay monthly maintenance to his estranged wife and their specially abled child, saying he cannot avoid his liability towards them on the ground of his responsibility to maintain his second wife and their child.

Special judge Sanjay Sharma asked the man, an Uttaranchal resident, to pay Rs 5,000 per month as maintenance while upholding a trial court's order against which the man had filed the revision petition.


"The petitioner (man) cannot avoid his liability towards the respondent no 1 (woman) and 2 (child) on the ground of his responsibility to maintain his second wife and minor child. The petitioner cannot take advantage of his wrongs," the court said.

It added that "if the petitioner was unable to maintain himself and the respondents within his means and resources then he should not have contracted second marriage."

"The petitioner is legally bound to maintain respondent 1 and 2 and they are entitled to a decent living and ordinary comforts of life," it said, adding that amount awarded by the trial court cannot be termed as "excessive or harsh in any manner."

The woman had told the court that she got married to the man in September 2005 and a child was born, who is specially abled and needs continuous medical attention.

She had claimed that she was residing separately since July 2007, and was unemployed. The trial court had directed the man to pay Rs 2,000 per month to the woman and Rs 3,000 per month to the child as interim maintenance.

Aggrieved by this, however, the man had filed a revision petition before the special judge claiming that he was merely earning around Rs 6,000 per month and had the responsibility to maintain his second wife and a minor child.


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