Bombay HC Orders Probe Into Alleged Remarriage By Woman Seeking Interim Maintenance From Husband

Mumbai, May 18: The Bombay High Court has directed an investigation into allegations that a woman, claiming interim maintenance from her estranged husband, had remarried during the subsistence of their marriage. While asking both parties to file their respective affidavits, the court warned that filing false affidavits could invite perjury proceedings.

HC stays interim maintenance order

A bench of Justice Bharati Dangre and Justice Manjusha Deshpande also stayed a Family Court order directing the husband to pay Rs 10,000 per month as interim maintenance to the wife till further inquiry into the dispute.

The bench was hearing an appeal filed by the husband against the March 13, 2024 order passed by the Family Court at Bandra.

The Family Court had partly allowed an interim application filed by the wife in a pending divorce petition seeking dissolution of marriage on grounds of cruelty and desertion.

It had directed the husband to pay Rs 10,000 monthly maintenance from the date of the application till disposal of the petition and clear arrears in six equal monthly instalments starting April 1, 2024.

Husband alleges wife remarried in 2019

During the hearing, the court was informed that the wife had initiated steps to execute the maintenance order, including attachment of the husband’s salary.

The husband’s advocate, Vijay Kurle, argued that the wife had remarried on March 15, 2019, while her marriage with the appellant was still subsisting and therefore was not entitled to claim maintenance. He also alleged that she had concealed this fact from the Family Court.

The wife’s advocate, Priyanka Mahadeshwar, denied the allegation and submitted that the photographs relied upon by the husband were “morphed” and that she had never performed a second marriage.

Court warns parties against false statements

“In the peculiar circumstances when the conundrum exists whether the wife has performed the marriage during the subsistence of the marriage with the appellant and whether that would deprive her of the right to maintenance, we deem it appropriate to have a clear statement of facts in this regard,” the bench observed.

The court directed the husband to file an affidavit placing the photographs on record with categorical assertions, while permitting the wife to file an affidavit denying the allegations.

The bench said that if the affidavits revealed conflicting versions, “appropriate investigation” would be conducted.

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“None of the parties are permitted to take the Court for a ride,” the judges cautioned, adding that false statements would attract perjury action. The High Court has kept the matter for hearing on June 25.

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