Husband Hid His First Marriage? Madras High Court Upholds Maintenance for Wife: What the Law Says

What happened?

The Madras High Court has refused to disturb a maintenance order for a woman and her young son. This is according to LiveLaw, Bar & Bench and DT Next on 4 and 5 October 2026.

The woman says the man told her he had divorced his first wife and showed her a divorce order. They married at a temple in January 2020 and had a son.

She says he left in June 2022. She then asked a Family Court for maintenance (monthly money to live on). The parties are not named in the reports, nor here.

What did the courts decide?

The Family Court found that the man had misled the woman about his marital status. It ordered Rs 1 lakh a month for her and Rs 1.5 lakh for the boy, as reported.

The man challenged this in the High Court. Justice Sunder Mohan dismissed it.

This is a ruling on money support. It is not a finding that anyone committed a crime.

Can a second wife claim maintenance?

Maintenance for a wife comes under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). It replaced Section 125 of the old CrPC.

Under it, a man with enough means who refuses to maintain his wife, who cannot support herself, can be ordered to pay a monthly allowance. The same goes for his child, whether born in or out of marriage, and for his parents.

According to the reports, the High Court said the word ‘wife’ has a wide meaning here. It said the man could not gain from his own wrong. So a woman who was misled about his first marriage can still ask for support.

Does she have to prove the marriage strictly?

No, as reported. The court said proof of marriage need not be strict in a maintenance case. If a couple lived together for a long time, a marriage can be presumed (taken as true unless disproved).

The reports say the court looked at the child’s birth certificate, Aadhaar papers and photographs. The man had to show his first marriage was still alive. As reported, the court was not satisfied that he did.

Does owning a flat or car stop maintenance?

Not by itself, as reported. The woman is said to own a flat and cars.

The court still held she had no regular income, so Rs 1 lakh a month was fair. Every case turns on its own facts.

Are there criminal laws for hiding a first marriage?

Yes, and they are separate from maintenance. The reports do not say any criminal case was filed here.

BNS Section 81 covers a man who, by deceit, makes a woman think she is lawfully married to him. It carries up to 10 years and a fine. It is non-cognizable (police need a court’s permission to investigate) and non-bailable.

BNS Section 82 covers marrying again while a husband or wife is alive. It carries up to 7 years, or 10 if the first marriage was hidden. It is non-cognizable and bailable.

Any charge must be proved in court. A person is innocent until then.

What happens in a maintenance case?

The wife files an application before the Family Court or a Magistrate. The other side gets notice and files a reply.

The court can order interim maintenance (money while the case runs). The law says it should try to decide that within 60 days of notice being served.

After evidence, the court passes a final order. Either side can challenge it in the High Court. If the man does not pay, the court can issue a warrant and he can face up to one month in jail for each month’s unpaid amount.

Rights of both sides

A wife or child who cannot support themselves can ask for maintenance. The amount depends on the man’s means and the woman’s needs.

The man can show he has no means, that the marriage claim is false, or that she earns enough. He can also appeal. A wife living in adultery, or who leaves without good reason, may lose the right under Section 144(4).