Wanting to have a son, he got married for the second time, then started living with his first wife, important decision of Bombay High Court.

Bombay High Court on maintenance of second wife: The Bombay High Court has ordered a man who married twice and separated from his second wife for the sake of having a son, to pay maintenance to his wife. In one of its important decisions, the court has made it clear that the wife’s separation from her husband for a long period cannot be a ground for not paying her maintenance. Justice Rajesh Patil has given this decision while accepting the wife’s appeal.

Before this, in 2010, the Magistrate Court had ordered to pay an alimony of Rs 2300 to the wife as maintenance. The husband had challenged the magistrate’s order in the sessions court. The husband argued that the wife was living separately from him for a long time. After that, the Sessions Court canceled the magistrate’s order on July 25, 2019. The wife had appealed in the High Court against the order of the Sessions Court, on which the High Court has given this decision.

Did second marriage in desire of son

Actually, the man had married for the second time in the year 1989. The woman alleges that when the first marriage did not produce a boy for a few years, she got married for the second time. He had a son from his second wife. After some time, by agreement, the first wife also started living with him. Everything was going well when the first wife also gave birth to a son. After that the second wife had a second son. After this, the discord between husband and wife started from here.

The matter is such that the second wife alleges that she was thrown out of the house at the behest of the first wife. Later, allowance for maintenance was also refused. After this the woman did not give up and fought a long legal battle.

The man had ‘married’ for the second time in 1989, even though his first marriage was legally intact. The man’s 55-year-old second wife claimed in the court that her husband had thrown her out of the house in 1997. Before marriage, he had assured that he had divorced his first wife because she was unable to give birth to a son.

Alimony will have to be paid Rs 2500

A single-judge bench of the High Court comprising Justice Rajesh Patil on December 14 ordered a monthly maintenance of Rs 2,500 under the legal provisions for maintenance of the wife. The High Court has also given permission to the woman to file a new petition to increase the maintenance amount.

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