When a few years of marriage did not give birth to a boy, she got married for the second time.
He had a son from his second wife. After some time, as per the agreement, the first wife also started living with him.
Everything was going well when the first wife also had a son and then the second wife had another son. It was from here that the discord between husband and wife started.
The matter is such that the woman alleges that she was thrown out of the house at the behest of her first wife. Later, allowance for maintenance was also refused.
After this the woman did not give up and fought a long legal battle. The Bombay High Court strongly reprimanded the husband in the case, saying that while the first marriage remained intact, he married the second one and now by separating from the second wife, he cannot shirk the responsibility of her maintenance.
The Bombay High Court, after hearing all the arguments, has accepted that the man had ‘remarried’ in 1989, even though his first marriage was legally intact.
In such a situation, now that he wants to separate from his ‘second wife’, he could not refuse to pay her maintenance allowance.
The man’s second wife, now 55, claimed in court that her husband had led her to believe that before marrying her, he had divorced his wife because she She was not able to give birth to a son.
what is the matter
Actually, the man had married for the second time in the year 1989. The woman alleges that he married her on the pretext that his first wife was unable to produce a son.
When the second wife gave birth to a son, the first wife also started living with him. Then the first wife also had a son and after some time the second one had another son.
The entire family was living like this. In December 2012, the second wife approached the Yeola Magistrate Court accusing her husband of misbehavior and sought monthly allowance for maintenance. In the year 2015, the court ordered the man to pay him Rs 2500 as monthly allowance.
Till 2011, everything was going well, but the woman alleges that on the request of the former, the husband had stopped paying the monthly allowance.
Now the woman took refuge in the High Court. The High Court strongly reprimanded the husband and said that when she has married for the second time, he cannot refuse to give her maintenance allowance.
An HC single-judge bench of Justice Rajesh Patil on December 14 upheld a 2015 order passed by a magistrate for monthly maintenance of Rs 2,500 under legal provisions for maintenance of wife.
The High Court also allowed the woman to file a fresh petition to increase the maintenance amount.