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Calcutta HC Upholds Right of First Wife to Maintenance, Rejects Order on Reduced Allowance

<p> <br &sol;>&NewLine;<br &sol;>&NewLine; &Tab; Calcutta HC<&sol;p>&NewLine;<p>&Tab; Calcutta HC Asserts Women&&num;8217&semi;s Right to Maintenance in Marital Relationships&colon; Landmark Ruling Upholds First Wife&&num;8217&semi;s Entitlement&Tab; &Tab;<&sol;p>&NewLine;<p>&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;KOLKATA&colon; In a landmark ruling&comma; the Calcutta High Court has reinforced the right of a woman to be cared for by her husband&comma; especially if she has spent years in a marital relationship&period; The Court made this significant pronouncement while hearing a petition related to maintenance and alimony filed by the first wife&period; The judgment also involved the rejection of an earlier order that had reduced the maintenance allowance granted to the wife&period;<&sol;p>&NewLine;<p>During the hearing on Monday&comma; the High Court emphasized that a man who chooses to marry for the second time&comma; under personal law&comma; is legally bound to provide for his first wife&comma; particularly if she has cohabited with him for a substantial period&period; The ruling was made in accordance with the guidelines set by the Supreme Court&comma; aiming to safeguard the interests of women in such cases&period;<&sol;p>&NewLine;<p>The petitioner&comma; the first wife in this instance&comma; sought maintenance from her husband after facing hardships in her marital life&period; According to her claims&comma; the couple got married in 2003 following Muslim customs&comma; but over time&comma; she was subjected to dowry harassment and eventually expelled from her matrimonial home in 2012&period;<&sol;p>&NewLine;<p>In response to the petitioner&&num;8217&semi;s plea&comma; Justice Shampa Dutt &lpar;Pal&rpar;&comma; presiding over the case&comma; not only upheld the woman&&num;8217&semi;s right to maintenance but also dismissed the order of the Additional Sessions Court&comma; which had previously reduced the maintenance allowance from Rs&period; 6000 to Rs&period; 4000&period; Justice Dutt held that a woman who has devoted nine years to a marriage deserves to be supported by her husband&comma; as long as she is in need of such support&period;<&sol;p>&NewLine;<p>The petitioner highlighted her dire circumstances at the time of eviction&comma; revealing that she was left jobless and homeless&period; Allegedly&comma; her husband had remarried after the separation and had not provided any maintenance during the difficult phase&period;<&sol;p>&NewLine;<p>The case had previously seen a judgment in 2016&comma; where the Chief Judicial Magistrate of Malda ordered the husband to pay Rs&period; 6&comma;000 per month as maintenance to the petitioner&period; However&comma; the husband appealed this decision in 2019&comma; leading to the reduction of the amount to Rs&period; 4000 by the session court&period; The basis for this reduction was stated as the husband&&num;8217&semi;s claimed insufficient income&period;<&sol;p>&NewLine;<p>With the High Court&&num;8217&semi;s latest ruling&comma; the rights of women in marital relationships are reaffirmed&comma; offering protection and support to those who have devoted their time and effort to their families&period; The judgment sets a precedent for recognizing the rights of first wives in situations involving subsequent marriages by their husbands&period;<br &sol;>&NewLine;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab; end-of <&sol;p>&NewLine;&NewLine;

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