Interim Maintenance in Second Marriages: What the Allahabad High Court's Ruling Means for Spouses in Legal Disputes.
- prime8legal
- Jul 8
- 3 min read
LEGAL INSIGHT: Can You Claim Interim Maintenance in a Second Marriage?
In a landmark ruling, the Allahabad High Court recently clarified that a woman can claim maintenance pendente lite(temporary maintenance during litigation) under Section 24 of the Hindu Marriage Act, 1955, even if her second marriage may be void due to a subsisting first marriage.
At Prime 8 Legal, we break down what this means for couples entangled in divorce and maintenance disputes—especially in areas like Gurgaon and Delhi NCR, where complex relationships are increasingly litigated.
CASE SUMMARY: Maintenance Is About Need, Not Marital Status
The woman married the respondent in 2021, allegedly concealing a prior marriage.
She applied for ₹20,000/month maintenance, claiming no personal income.
The Family Court rejected her plea, citing the earlier marriage and alleged employment.
However, the High Court overruled that decision, stating:
“Whether the second marriage is valid or not is irrelevant at this stage… What matters is whether she has the means to support herself.”
Why This Ruling Matters?
✅ 1. Section 24 Focuses on Financial Dependence
The court made it clear: interim maintenance in second marriage is awarded to help a dependent spouse sustain litigation, not to punish or validate personal choices.
✅ 2. Concealment of First Marriage Isn’t a Bar
Even if there were gaps or concealment in her marital disclosures, the court emphasized the right to basic financial support during proceedings.
✅ 3. Burden of Proof Lies on the Opposing Party
The husband failed to prove that the woman was financially independent. Courts require concrete proof, not speculation.
Gurgaon & Delhi NCR Implications
In Gurgaon, South Delhi, and Dwarka Courts, family disputes often involve:
Second marriages
Allegations of concealment or adultery
Maintenance litigation under HMA or CrPC
This judgment strengthens the hand of financially weaker spouses by reiterating that:
“Even if your marriage’s legality is under question, you can still receive financial help during litigation.”
Prime 8 Legal regularly handles such matters before the Family Courts in Gurgaon (District Court), Saket, Patiala House, and Rohini.
Frequently Asked Questions
Can a person in a second marriage claim maintenance under Section 24 HMA?
Yes. Interim maintenance under Section 24 is based on financial need, not the legal validity of the marriage.
What if the person concealed an earlier marriage?
The court may still grant maintenance if the applicant lacks income and requires support to sustain the legal process.
Is proof of employment necessary to deny maintenance?
Yes. The opposing party must prove with documentation that the applicant is earning or self-sufficient.
How much maintenance is usually granted?
It varies based on the income of the respondent and the applicant’s financial condition. In this case, ₹15,000/month was awarded.
Prime 8 Legal’s Perspective
This judgment reminds us that justice must be accessible during litigation—regardless of the relationship’s complexity. If you're in a second marriage, or facing disputes over maintenance or divorce, you still have rights.
Need Help with a Maintenance or Divorce Case in Gurgaon or Delhi?
At Prime 8 Legal, we offer:
Expert guidance on Section 24 HMA maintenance
Court representation in Gurgaon, Delhi, and NCR
Case strategy for second marriages, live-ins, or nullity claims
📍 Serving clients across Gurgaon, Delhi NCR, Faridabad, Noida, and Dwarka
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