Husband can not be allowed to take benefit of his own wrong of concealing his first subsisting Marriage.
High Court of Bombay came to the aid of a Woman after a prolonged 17-year-long legal battle.
All that Sheela Chavan got is Rs 500 as monthly maintenance from her husband, whome she found was already married.
Ramesh Chavan her husband had claimed that their 1973 Marriage was not valid in the eyes of Law as he had a pre existing marriage with another woman since 1966.
He pleaded that as his first Wife was alive at the time of the second wedding and as such Sheela can not be treated to be his Legally Wedded Wife.
Bench of Justice Mahesh Sonak trashed his this contention by holding that the onus was on Ramesh to prove that the second Wife Sheela personally knew at the time of second Marriage that his first wife was still alive.
Bench ruled that until and unless this is proved that second Wife was aware of subsisting first marriage the liability to pay maintenance under Section 125 of Criminal Procedure Code cannot be avoided.
Such a husband cannot be permitted to take advantage of his own wrong, ruled the Bench.
Ramesh was asked to shell out Rs 500 as monthly maintenance and also pay the arrears for the past 17 years apart from Rs 7,500 as legal costs to Sheela.