In a rare twist, a woman’s second husband testified in favour of her first husband in a Mumbai court. The court ruled she is not entitled to maintenance after confirming her second marriage.
Woman Loses DV Case: In a surprising development from Mumbai, a long-pending domestic violence case that began in 2009 came to an end after nearly 17 years, when the woman’s present husband appeared in court and gave evidence supporting her former husband.
The woman had filed the case alleging prolonged domestic violence by her first husband and had sought protection and monetary relief under the law. She claimed she was subjected to physical, emotional, and economic abuse and was forced out of her matrimonial home. The matter continued for years before the court finally examined key evidence relating to her marital status.
The case took an unexpected turn when the woman’s current husband stepped into the witness box on behalf of her ex-spouse. His testimony proved decisive in changing the direction of the trial and ultimately led to the dismissal of her maintenance claim.
The judgment was delivered by the additional chief judicial magistrate at a Borivli court. The court observed that once a woman remarries, she cannot continue to claim maintenance from her former husband.
While delivering the order, the magistrate clearly recorded:
“As such, in such facts and circumstances and the evidence on record, it appears to me that it is proved from the evidence and documents produced on record, after divorce from the respondent No. 1 (ex-husband), the applicant (woman) performed a second marriage. Therefore, she is not entitled to get maintenance from respondent No. 1.”
The court noted that the woman’s second marriage took place while her original domestic violence and maintenance proceedings were still pending. This fact became central to the final decision, as maintenance under such cases is linked to the woman’s dependency on her husband.
According to her complaint, the woman stated that she married her first husband in 2005 through an arranged marriage. She later alleged that she discovered he was already married and that his first wife began visiting their house frequently. She claimed that both the man and his first wife subjected her to abuse and harassment.
Based on her allegations, the court had earlier granted her interim relief. In December 2009, the first husband was directed to pay her interim monthly maintenance of Rs 3,200 until the final disposal of the case.
During the trial, the woman examined her sister as a witness to support her allegations of domestic violence. In response, the defence produced multiple witnesses, including the imam who conducted the woman’s second marriage, a handwriting and fingerprint expert who verified the signatures and thumb impression on the nikahnama, and finally, the woman’s second husband himself.
The most crucial moment came when the defence presented the woman’s current husband as a witness. By confirming their marriage in court, he directly supported the first husband’s case. This confirmation removed the legal basis for the woman to continue claiming maintenance from her former spouse.
After examining the evidence, the court ruled that the existence of the second marriage, especially when confirmed by the second husband himself, ended the woman’s right to seek further maintenance or protection from her first husband. As a result, the nearly 17-year-old domestic violence case came to a close with the woman losing her claim.
Explanatory table: Laws Mentioned in the Case
| Law / Provision | Why it matters in this case | What the court applied |
| Protection of Women from Domestic Violence Act, 2005 | This is the law under which the woman sought protection/relief and monetary support. | Court dismissed the proceedings after accepting evidence of the woman’s second marriage, and heldhar she cannot continue claiming maintenance/relief from the first husband. |
| Maintenance / Monetary Relief | Interim maintenance was granted during pendency (Rs 3,200 per month, per report). | Final outcome: maintenance claim against first husband was rejected after remarriage was proved. |
- Bench / Judge: Additional Chief Judicial Magistrate B. N. Chikne (Borivli/Borivali court, Mumbai)
Key Case Details
- Case filed in 2009, alleging physical, emotional and economic abuse by first husband; woman sought protection and monetary relief.
- Court had granted interim maintenance Rs 3,200 per month in December 2009 (as reported).
- Defence proved the woman’s second marriage during pendency, using witnesses including the cleric and expert evidence on nikahnama, and crucially, the second husband’s testimony (as reported).
- Court held that because she remarried, she is not entitled to maintenance from respondent no.1 (first husband), and dismissed the case.
Key Takeaways
- Remarriage during a pending maintenance or DV case legally ends a woman’s claim against the first husband.
- Truth and documentary evidence matter more than emotional allegations, even after years of litigation.
- False or prolonged matrimonial cases can financially and mentally drain men for decades without accountability.
- Courts will not allow maintenance laws to be used as a lifetime entitlement after dependency ends.
- This case exposes how interim orders can continue for years unless facts are strictly scrutinised at trial.
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