International Journal For Multidisciplinary Research

E-ISSN: 2582-2160   •   Impact Factor: 9.24

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Maintenance Rights of Women in Second Marriages: Judicial Interpretations and Legal Challenges Under Indian Law

Author(s) Shivanshu Katare, Dr. Vandita Chahar, Dr. Rubina Khan
Country India
Abstract This research paper explores the complex legal issue of a woman's right to claim maintenance from her second husband when her first marriage remains legally undissolved. The study employs a doctrinal methodology, analyzing relevant statutory provisions, judicial interpretations, and the evolving dynamics of matrimonial law in India. The paper scrutinizes key legal principles, such as the applicability of the Hindu Marriage Act, 1955, and the Bharatiya Nagarik Suraksha Sanhita, 2023, in the context of maintenance claims under multiple marriages. Judicial precedents are examined to understand how courts have interpreted the rights of women in such situations, with a particular focus on the legal implications of an undissolved first marriage. Furthermore, the paper considers the socio-legal challenges and evolving norms surrounding the issue, taking into account the impact of changing societal attitudes towards marriage, divorce, and maintenance. The research aims to provide a nuanced analysis of a woman's entitlements in cases where her first marriage is legally valid but not dissolved, alongside the responsibilities of her second husband in maintaining her. By examining legal reforms, the paper also contemplates future directions in Indian matrimonial law, advocating for a more cohesive and just legal framework for women in such circumstances.
Keywords Maintenance, Second Husband, Undissolved Marriage, Matrimonial Law, Hindu Marriage Act, Judicial Interpretations, Legal Reforms
Published In Volume 7, Issue 1, January-February 2025
Published On 2025-02-13
DOI https://doi.org/10.36948/ijfmr.2025.v07i01.36916
Short DOI https://doi.org/g84xhh
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