Patna: A divorced woman is entitled to claim alimony from her second husband, the Patna High Court has ruled, in a significant decision that clarified maintenance rights under matrimonial law.
The ruling came after a man challenged a family court order directing him to pay Rs 20,000 monthly maintenance to his wife. Justice Vivek Chaudhary set aside the earlier order, instructing the family court to first seek complete affidavits of property and financial status from both parties before fixing the amount.
The petitioner argued that his wife had already received Rs 40 lakh as alimony from her first husband and was financially independent, alleging she had misrepresented herself before their marriage in February 2020. He also claimed she intended to exploit marriages for financial gain.
The woman, however, accused her husband of demanding Rs 15 lakh as dowry, subjecting her to physical and mental abuse, and causing a miscarriage.
The High Court concluded that while a woman divorced from her first husband is eligible for alimony from her second spouse, the maintenance amount must be determined only after examining both partners’ resources and responsibilities.
