Calcutta High Court Upholds Duty of Husband to Maintain First Wife Even After Second Marriage
In a significant ruling, the Calcutta High Court has asserted that a man who is entitled to marry for the second time under personal law is duty-bound to continue providing maintenance to his first wife. The court's observation came while quashing a sessions court order that had reduced the monthly maintenance amount for the first wife from ₹6,000 to ₹4,000 [Sefali Khatun @ Bibi vs State of West Bengal].
Justice Shampa Dutt (Paul), presiding over the single-judge bench, highlighted the petitioner woman's plight, stating that she was married to her husband on October 12, 2003, but was allegedly forced out of her matrimonial home on October 12, 2012, due to unfulfilled dowry demands. Subsequently, her husband married another woman, leading to the petitioner's eviction due to further dowry demands.
The court firmly asserted, "A man who can marry for the second time (permitted under personal law), is duty-bound to maintain his first wife of 9 years. A woman who has diligently, sincerely, and lovingly devoted so many years of her life in a relationship with her husband deserves to be looked after and cared for by him, as long as she needs or requires the same."
The wife had contested the sessions judge's order from February 27, 2019, which had overturned the family court's verdict dated October 6, 2016, directing the husband to pay ₹6,000 as monthly maintenance to the petitioner. However, the sessions judge reduced the amount to ₹4,000, prompting the appeal before the High Court.
This ruling reaffirms the responsibility of husbands to provide ongoing support to their first wives, even in cases where they choose to enter into subsequent marriages under personal laws.
TAGS: Calcutta High Court second marriage personal law duty-bound maintain first wife quashing sessions court order monthly maintenance Sefali Khatun State of West Bengal single-judge Justice Shampa Dutt (Paul) matrimonial home dowry petitioner family court appeal ruling husbands ongoing support.
