JAIPUR:
Rajasthan High Court has ruled that if a woman remarries without annulling the first marriage is not eligible for maintenance from her second husband and the marriage is also not maintainable.
The single bench of Justice BL Sharma gave the order on a criminal miscellaneous petition by the second husband of a woman challenging the lower court order to give maintenance to the woman after she split with him.
Ramavtar Bochalya, counsel for the petitioner said
Bharti Adwani had filed a complaint at family court in Jaipur on July 5, 2012 under section 12 of the Protection of
Women Against Domestic Violence Act 2005 against the appellant
Vinod Kumar Nathani averring that she is legally married to
Vinod Kumar in December 23, 2011. Following differences, they started living separately from March 2012.
Pending dispute in the family court she had filed another petition seeking maintenance at the additional district and session court. The court allowing her petition for maintenance asked her husband to pay a Rs 2,000 per month from the date of application which was challenged in the high court.
The court said the women reportedly married to the petitioner without getting divorce from her first husband. The court said marrying again during the life time of the husband or wife without getting divorce is an offence. Therefore when prima faice there is no relation in the nature of marriage with the petitioner and the woman in question is not entitled for maintenance.
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