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Jul 27, 2010

In Mangala Bhivaji Lad Bombay High Court on 29.03.2010

Court observed that“Rameshchandra Daga Vs Rameshwari Daga (2005) 2 S.C.C. 33 In that case, Apex Court confirmed the order of grant of maintenance to the second wife passed at the time of decree under Section 11 of the Hindu Marriage Act…..According to Delhi High Court, (Smt. Narinder Pal Kaur Chawla Vs Manjit Singh Chawla reported in AIR 2008 Delhi 7) a Hindu husband is estoped from challenging validity of the second marriage in view of the wrong committed by him in not disclosing to the second wife the factum of his first marriage, otherwise it would amount to giving premium to the husband for defrauding the second wife….We fully agree with the view expressed by the Andhra Pradesh High Court (Abbayolla M. Subba Reddy Vs Padmamma, reported in AIR 1999 Andhra Pradesh 19) that the expression Hindu ”wife used in Section 18 of the Hindu Adoption and Maintenance Act, means legally wedded Hindu wife and no less. The appellant not being the legally wedded wife of the respondent cannot resort to Section 18 of the Hindu Adoption and Maintenance Act to claim maintenance.”

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