A bench of justices Ranjana Prakash Desai and A K Sikri said that the apex court's earlier judgement denying maintenance to the second wife would not apply to those cases where a man marriages the second time by keeping the lady in the dark about the first surviving marriage.
"If this interpretation is not accepted, it would amount to giving a premium to the husband for defrauding the wife. Therefore, at least for the purpose of claiming maintenance under Section 125 of CrPC (maintenance), such a woman is to be treated as the legally wedded wife," the bench said.
"We are of the opinion that the judgements of this Court in Adhav and Savitaben cases would apply only in those circumstances where a woman married a man with full knowledge of the first subsisting marriage. In such cases, she should know that second marriage with such a person is impermissible and there is an embargo under the Hindu Marriage Act and, therefore, she has to suffer the consequences thereof.
"The said judgement would not apply to those cases where a man marries the second time by keeping that lady in the dark about the first surviving marriage. That is the only way two sets of judgements can be reconciled and harmonised," the bench said.