A woman, who becomes a second wife of a man, and her children are entitled to maintenance under Section 125 of the Code of Criminal Procedure, the Madras High Court has recently held. The HC made the ruling while dealing with a petition seeking review of an order passed by Tirunelveli Family Court directing a man to pay a monthly maintenance of ten thousand rupees to his "wife" and their son. In his judgment, Justice K Murali Shankar held that second wife and the children born out of the second marriage will be entitled to maintenance despite the fact that the marriage was not legal due to the existence of the first marriage. Supreme Court Collegium Rejects Transfer of Madras High Court Judge, Nods for Request by Two Other Judges.
Madras High Court on Second Wife Seeking Maintenance:
'Wife' Entitled To Maintenance Under Section 125 CrPC Even If Marriage Was Not Legal: Madras High Court @UpasanaSajeev #MadrasHC https://t.co/W5naeqtMEX
— Live Law (@LiveLawIndia) July 10, 2023
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