ENTITLEMENT OF THE SECOND WIFE TO MAINTENANCE IN HINDU LAW: CRITICAL ANALYSIS OF LAWS AND PRECEDENTS

The essentiality of the rule of monogamy under the Hindu Marriage Act of 1955 holds any marriage in contravention of it void. Specific rights and privileges flow to a woman through a valid marriage. With this legal reality, this research paper examines the second wife’s right to maintenance under Hindu law. It would mainly focus on the right to maintenance of the second wife who knowingly entered into a bigamous marriage.

This research paper critically evaluates the evolving judicial pronouncements for the maintenance of the second wife and the case of the voluntary second wife. It critically analyses the scope of the remedy available to the second wife in such cases by taking recourse to different provisions of the Hindu Marriage Act, 1955, the Hindu Adoption and Maintenance Act, 1956, Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Protection of Women from Domestic Violence Act, 2005 and pointing the limitations of these provisions, specifically for the second wife having knowingly entered in a bigamous relationship.

The paper thoroughly analyses specific sanctions against the husband for committing bigamy while living with his first wife. It goes on to point out the limitations of these sanctions in the case of the second wife having knowingly married him despite his married status. After examining the various issues and factors, this paper will attempt to propose a tentative solution to relieve and compensate women who have to face the uneven social stigma and hardships in their sustenance and prospects by having knowingly entered into a bigamous relationship.