Supreme Court of India · 2014-11-10
Sau Shaila Balasaheb Kadam vs Balasahed Hindurao Kadam & Ors
- Citation / case number
- AIRONLINE 2014 SC 268
- Court
- Supreme Court of India
- Petitioner
- Sau Shaila Balasaheb Kadam
- Respondent
- Balasahed Hindurao Kadam & Ors
- Author
- C. Nagappan
- Bench
- C. Nagappan, V. Gopala Gowda
Judgment text excerpt
The Supreme Court held that under Section 18 of the Hindu Adoptions and Maintenance Act, 1956, a second wife can claim maintenance if the husband has suppressed the fact of his first marriage. The Court distinguished this case from the High Court's ruling, which denied maintenance on the grounds of the marriage being void due to the husband's existing marriage. The Court emphasized that the principle established in Badshah vs. Urmila Badshah Godse (2014) applies, allowing the appellant to claim maintenance despite being the second wife, as the husband cannot benefit from his own wrongdoing.