MAINTENANCE CLAIM TO SECOND WIFE

SECS.5,11,AND 25 OF HINDU MARRIAGE ACT-IT IS WELL KNOWN AND RECOGNIZED LEGAL POSITION THAT CUSTOMARY HINDU LAW LIKE MOHAMMEDAN LAW PERMITTED BIGAMOUS MARRIAGES WHICH WERE PREVALENT IN ALL HINDU FAMILIES AND MORE SO IN ROYAL HINDU FAMILIES. IT IS ONLY AFTER THE HINDU LAW WAS CODIFIED BY ENACTMENTS INCLUDING THE PRESENT ACT THAT BAR AGAINST BIGAMOUS MARRIAGES WAS CREATED BY SEC.5[1] OF THE ACT. KEEPING INTO CONSIDERATION, THE PRESENT STATE OF THE STATUTORY HINDU LAW, A BIGAMOUS MARRIAGE MAY BE DECLARED ILLEGAL IN CONTRAVENTION OF THE PROVISIONS OF THE ACT BUT IT CAN NOT BE SAID TO IMMORAL SO AS TO DENY EVEN THE RIGHT OF ALIMONY OR MAINTENANCE TO A SPOUSE FINANCIALLY WEAK AND ECONOMICALLY DEPENDENT . IT IS WITH THE PURPOSE OF NOT RENDERING A FINANCIALLY DEPENDENT SPOUSE DESTITUTE THAT SEC.25 ENABLES THAT THE COURT TO AWARD MAINTENANCE AT THE TIME OF PASSING ANY TYPE OF DECREE RESULTING IN BREACH IN MARRIAGE RELATIONSHIP. SEC. 25 IS AN ENABLING PROVISION. IT EMPOWERS THE COURT TO GRANT MAINTENANCE TO WIFE -2005[1]CCC84SC.