The woman did not get alimony due to remarriage

New Delhi : The Delhi High Court has expressed concern over the survival of the parties violating the alimony law due to loopholes. He rescinded a lower court order requiring a man to pay for his wife's maintenance. When in fact both parties are married.

Judge Subramaniam Prasad, hearing a petition against the lower court's order to pay alimony under section 125 of the Indian Penal Code, said he sympathized with the woman's condition. But they are helpless to order them not to be given alimony as per the applicable law. The reason is that his first marriage in the form of a second wife is invalid for maintenance as it is valid. She is not legally married.

The judge said that the notion of an official marriage is not legally valid despite the fact that the parties live in the nature of husband and wife. The reason is that both were already married to their respective spouses and their marriage was ongoing, it was not broken.

According to section 125 of the Indian Penal Code, if a person refuses to provide maintenance to his wife despite having sufficient resources, the lower court may order payment of monthly allowance to such person for maintenance.

The court said that despite the purpose of social justice contained in the law, its purpose has failed. This law has failed to fulfill its purpose of stopping the exploitation of women. The judge said the court found it unfortunate that so many women, especially poor women, were regularly exploited in this way. Legal loopholes allow criminal parties to escape.