![]() Justice Shankar therefore observed that the trial court has rightly identified deliberate cheating and fraudulent intentions of the man. He questioned both the validity of the second marriage and the paternity of the child, but could not refute the evidence submitted by the woman before the trial court nor did he agree to undergo a DNA test. The man had filed a revision petition before the high court claiming that his first marriage still subsists due to the pendency of the divorce proceedings. Justice Shankar gave the verdict while upholding an order passed by a family court in Tirunelveli in 2021, directing the man to pay Rs 10,000 as monthly maintenance to his second wife and child. Justice K Murali Shankar also cited a Supreme Court judgment, which said even if the marriage is invalid and she is not the legally wedded wife, the second wife and children can claim maintenance under Section 125 CrPC, which gives a wide interpretation of the term wife. MADURAI: The Madurai Bench of the Madras High Court, while confirming a family court’s order recently, held that a woman cannot be denied maintenance from her husband merely because the divorce proceeding from his earlier marriage is pending.
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