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november 2014

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.

Sau Shaila Balasaheb Kadam vs Balasahed Hindurao Kadam & Ors · Niyam