Supreme Court of India

JUSTICE G.B. Pattanaik & U.C. Banerjee

Khemchand Om Prakash Sharma Vs. State Of Gujrat & Anr. On 25 February 2000

Law Point:
Second wife not entitled to claim maintenance where first wife is alive and there has been no annulment of marriage by decree of divorce or otherwise : Courts below committed mistake in granting maintenance in favour of second wife.

JUDGEMENT

1. Leave granted.

2. The short question that arises for consideration in this appeal is whether the respondent Jasumatiben, who claimed maintenance, being the wife of the applicant, can be allowed any maintenance on the admitted position that the applicant’s first wife is alive and there has been no annulment of marriage by a decree of divorce or otherwise. During the subsistence of the first marriage, any second marriage is null and void, and therefore, the Courts below committed a mistake in granting maintenance in favour of Jasumatiben, who claimed maintenance as the second wife of the applicant. We, therefore, set aside the grant of maintenance in favour of Jasumatiben alone. Needless to mention the children, namely, Trupti and Vaishali will continue to get maintenance, as directed.

3. The appeal is disposed of.

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