Can Wife Separated From 1st Husband Claim Maintenance From 2nd Husband if Her First Marriage Was Not Legally Dissolved, Supreme Court Answers
The apex court clarified that a formal decree of dissolution is not mandatory. "If the woman and her first husband mutually agreed to separate, the absence of a legal divorce does not prevent her from seeking maintenance from her second husband," the Supreme Court said.
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The Supreme Court recently ruled that a woman is entitled to claim maintenance under Section 125 of the Cr.P.C. from her second husband, even if her first marriage was not legally dissolved. The apex court clarified that a formal decree of dissolution is not mandatory. "If the woman and her first husband mutually agreed to separate, the absence of a legal divorce does not prevent her from seeking maintenance from her second husband," the Supreme Court said. The bench of Justices BV Nagarathna and Satish Chandra Sharma observed while granting relief to the woman allowing her appeal against the Telangana High Court's order to deny her maintenance under Section 125 Cr.P.C. from her second husband just because her marriage with the first husband was not legally dissolved. Supreme Court Orders Assam Govt to Deport 63 Declared Foreigners Within Two Weeks.
Woman Is Entitled To Claim Maintenance From Her Second Husband
The Supreme Court ruled that a woman is entitled to claim maintenance under Section 125 of the Cr.P.C. from her second husband, even if her first marriage was not legally dissolved.
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(The above story first appeared on LatestLY on Feb 05, 2025 01:25 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).
