Allahabad High Court Seeks Explanation From Family Court Judge For Granting Maintenance To Wife Despite Remarriage

The Allahabad High Court, on Tuesday, sought explanation from Additional Principal Judge, Family Court, Jhansi as to why maintenance was granted to a wife from her first husband, when the wife had disclosed about her remarriage after divorce.

It is the revisionist's case that the parties were granted a divorce decree on 30.07.2025 by the Additional Principal Judge, Family Court, Jhansi. It was submitted that the husband-revisionist filed an appeal against the divorce decree, however, just after one month of the decree, the wife had remarried. It was submitted that the fact of second marriage of the wife was disclosed by her on affidavit.

The revisionist filed an objection in proceedings under Section 125 CrPC disclosing the divorce decree and the fact of the wife's second marriage. It was pleaded that despite such disclosure, the Additional Principal Judge, Family Court, Jhansi directed payment of Rs. 10,000 to the wife and Rs. 5,000 to the son.

Challenging the order of the Additional Principal Judge, Family Court, Jhansi, the revisionist stated that he was paying maintenance for his son but the order of maintenance of the wife who had remarried was not sustainable.

For context, Section 125 CrPC defines wife as a woman who has been divorced by, or has obtained a divorce from, her husband and has not re-married.

While issuing notice to the wife, Justice Praveen Kumar Giri directed,

“Sri Harish Chandra, Additional Principal Judge, Family Court, Jhansi, J.O. No.UP 1757 is directed to submit his explanation as to why despite disclosing the fact of second marriage of the applicant (wife)/O.P. No.2 herein in the objection dated 30.10.2025 even then he has passed the order directing the revisionist to pay Rs.10,000/- to the wife.”

The case is directed to be listed on July 21.

Case Title: Rajesh Chaturvedi v. State of U.P. and another

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