Woman Unaware Of Husband's Existing Marriage Entitled To Maintenance: Allahabad Court
The Allahabad High Court ruled that a woman is entitled to maintenance if she was unaware of her husband's existing marriage at the time of her own wedding. The court emphasized that a husband cannot benefit from his own deception regarding his marital status.
Why it matters
This legal precedent strengthens protections for women in void marriages, ensuring financial support when they are victims of marital fraud.
The Allahabad High Court has held that a woman who is induced into marriage by concealment of her husband's existing marriage is entitled to maintenance under Section 125 CrPC even though the marriage between the parties is void.The court was of the view that the husband cannot be permitted to take advantage of his own wrong and deny maintenance to the woman who had entered into the marriage without knowledge of the subsisting earlier marriage.Justice Garima Prashad, with the above observations, dismissed the revision petition filed by the husband challenging the family court's order granting maintenance to the wife.
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