Kolkata: In a landmark ruling, the Calcutta High Court has reinforced the right of a woman to be cared for by her husband, especially if she has spent years in a marital relationship. The Court made this significant pronouncement while hearing a petition related to maintenance and alimony filed by the first wife. The judgment also involved the rejection of an earlier order that had reduced the maintenance allowance granted to the wife.
During the hearing on Monday, the High Court emphasized that a man who chooses to marry for the second time, under personal law, is legally bound to provide for his first wife, particularly if she has cohabited with him for a substantial period. The ruling was made in accordance with the guidelines set by the Supreme Court, aiming to safeguard the interests of women in such cases.
In response to the petitioner’s plea, Justice Shampa Dutt (Pal), presiding over the case, not only upheld the woman’s right to maintenance but also dismissed the order of the Additional Sessions Court, which had previously reduced the maintenance allowance from Rs. 6000 to Rs. 4000. Justice Dutt held that a woman who has devoted nine years to a marriage deserves to be supported by her husband, as long as she is in need of such support.
The petitioner highlighted her dire circumstances at the time of eviction, revealing that she was left jobless and homeless. Allegedly, her husband had remarried after the separation and had not provided any maintenance during the difficult phase.
With the High Court’s latest ruling, the rights of women in marital relationships are reaffirmed, offering protection and support to those who have devoted their time and effort to their families. The judgment sets a precedent for recognizing the rights of first wives in situations involving subsequent marriages by their husbands.