⚖️ Introduction: No Distinction Between First or Second Marriage for Maintenance
The Delhi High Court has clarified that maintenance under DV Act for second marriage is legally valid, rejecting arguments based on marital history or earning capacity. The ruling reinforces that once a spouse voluntarily enters a marriage, statutory obligations under the Domestic Violence Act apply equally.
📜 Key Holding: DV Act Applies Equally to All Marriages
Justice Swarana Kanta Sharma dismissed a husband’s plea challenging ₹1 lakh monthly maintenance awarded to his wife, stating:
“The Domestic Violence Act does not distinguish between a first or subsequent marriage for the purpose of entitlement to maintenance.”
The husband had argued that he had accepted the wife along with her two sons from a previous marriage, but the Court found this defense misconceived.
💰 Financial Capacity vs Capability to Earn
| Factor | Court’s Observation |
|---|---|
| Wife’s Income | ₹12,000/month, insufficient to maintain herself |
| Husband’s Income | ₹28–36 lakh annually, high standard of living with staff and entertainment expenses |
| Medical Claims | No bills or documents submitted to support ₹1.56 lakh/month treatment claim |
The Court emphasized that capability to earn is not enough—actual income must be demonstrated.
🛑 Attempt to Evade Financial Responsibility
The Court also found merit in the wife’s claim that the husband was attempting to sell off property during the case to avoid maintenance obligations. It upheld the trial court’s order restricting asset disposal without court approval.
🚫 No Maintenance for Major Sons
The Court clarified that major sons are not entitled to maintenance unless dependency is proven. It found no infirmity in the trial court’s refusal to grant maintenance to them.
💬 Vakilify Insight
This ruling reinforces that maintenance under the DV Act is based on need and capacity, not marital history. Whether it’s a first or second marriage, the statutory duty to support a spouse remains intact. Courts will assess actual income, lifestyle, and intent to evade obligations.
🔗 Related Reading and Links
- 👉 Outbound: Maintenance under DV Act – Legislative Brief by PRS India
- 👉 Outbound: Ministry of Women and Child Development – DV Act Resources
- 👉 Maintenance law clarity: Secretly Recorded Calls in Divorce Cases
