HC on Second Wife: 'Wife' and Children Born Out of Second Marriage Entitled to Maintenance Under Section 125 CrPC Even if Wedding Was Not Legal, Says Madras High Court

The Madras High Court recently said that a wife is entitled to maintenance under section 125 CrPC even if the marriage was not legal. The court said that the second wife and the children born out of the second marriage are entitled to maintenance even if the wedding is not legal due to the existence of the first marriage. "This Court is of the clear view that for the purpose of Section 125 Cr.P.C, the first petitioner can very well be considered as wife and the second petitioner as the son of the respondent. Hence, the finding of the trial Court that the petitioners are entitled to get maintenance from the respondent cannot be found fault with," the court stated. The Madras High Court made the observation while upholding the trial court's order which directed a man to pay monthly maintenance of ten thousand rupees to his "wife" and their son. HC on Maintenance to Married Woman: Karnataka High Court Upholds Reduction of Maintenance Granted to 'Capable' Wife, Says She Can Only Seek 'Supportive Maintenance' From Her Husband.

Second 'Wife' Entitled To Maintenance Under Section 125 CrPC

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