Pay alimony in ‘unlawful' marriage also: HC

NEW DELHI: A Hindu man who re-marries, concealing the fact that is already married, is liable to pay maintenance to the woman he has thus duped even though the law says that the second marriage is unlawful.

Giving a wider interpretation of the Hindu Marriage Act and also the Hindu Adoption and Maintenance Act, the Delhi High Court has said the legislature couldn’t close its eyes to “the plight of a woman who unknowingly or being unconscious of legal consequences entered in a marital relationship (with a married man)”.

Giving a harmonious interpretation to the existing laws, a bench of Justices A K Sikri and Aruna Suresh said the restricted meaning of the term “wife” would not further the legislative intent.

“On the contrary, it would be against the concern shown by the legislature for avoiding harassment to a woman over demand of money in relation to marriages,” a concerned bench said.

The path-breaking judgment is the fallout of woman’s appeal seeking maintenance and accommodation for herself and her two daughters born out of a 14-year-long wedlock with a man who had concealed his first marriage with another woman all these years. She was thrown out of her home and left to fend for herself.

The trial court had rejected her plea for maintenance saying this could be granted only to a legally-wedded wife.  Asking the trial court to deal with her case in view of law laid down in the present judgment, HC said: “Justice is another name of fairness. It should reach out in its mercy those results which would be necessary to avoid ruinous consequences.”