AIR 1999 ANDHRA PRADESH 19 ::1999 A I H C 352 ::(1998) 2 LS 170 ::(1999) 1 MarriLJ 33 ::(1999) 1 HinduLR 68 ::1999 (2) Civ LJ 874 ::(1998) 3 CivilCourtC 426 ::1998 (4) RecCivR 314 ::(1999) 1 APLJ 1 ::1998 (5) AndhLT 152 ::1999 (1) ICC 753 ::2000 (1) DMC 266 ::(1999) 2 EastCriC 27 ::(1999) MatLR 16 ::(1998) 5 AndhLD 465

Andhra Pradesh High Court

Hon'ble Judge(s): P. Venkatarama Reddi, Krishna Saran Shrivastav, A. Hanumanthu , JJJ

(A) Hindu Adoptions and Maintenance Act (78 of 1956) , S.18— Maintenance - Hindu woman married with Hindu male having legally wedded wife after enforcement of Hindu Marriage Act - Not entitled to maintenance under S. 18. AIR 1976 Andh Pra 43, Overruled. Hindu Marriage Act (25 of 1955) , S.25— Interpretation of Statutes - Beneficial legislation. A Hindu woman who is married after coming into force of the Hindu Marriage Act, 1955 to a Hindu male, having a lawfully wedded wife cannot maintain a claim for maintenance under S. 18 of the Hindu Adoption and Maintenance Act, 1956.AIR 1976 Andh Pra 43, Overruled.(Para 30 25) In the instant case it was alleged that the respondent wife was not informed about the appellant's earlier marriage when she was married to him and thus, the appellant husband obtained her consent by playing fraud on her. The plea by the wife that the marriage being voidable, she would get all the rights as a wife under a valid marriage till the marriage is annulled, would not be tenable. The plea that after solemnisation of marriage, the appellant husband treated her as his wife is again of no avail as the issue has to be settled under the provisions of the Act. It is the intention of the legislature as could be seen from the provisions of the Act which is relevant and not t....