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Delhi High Court held that a second wife cannot seek impleadment in maintenance proceedings under Section 125 CrPC between the husband, first wife, and children, observing that such proceedings are limited in scope and impleadment would unnecessarily widen the lis.
“At the stage of consideration of interim maintenance, this Court is neither expected nor required to embark upon a detailed inquiry or conduct a mini trial to resolve such disputes conclusively.”
The Court termed the 81-year-old habitual litigant as a “cancer for the judicial system, with a depraved mindset against women”, and imposed exemplary costs of Rs 1 Lakhs.
“The petitioner submitted that the Trial Court erred in allowing the petition even without filing the statement of assets and liabilities and the respondent herself deserted the petitioner and yet, sought maintenance, therefore, she is not entitled to claim any interim maintenance.”
“The Family Courts Act, 1984 was enacted pursuant to the 59th Report of the Law Commission wherein it was stressed that in dealing with the disputes concerning the family, the family court should adopt an approach radically different from that adopted in ordinary civil proceedings.”
TOP STORIES Maintenance of wife|Husband doesn’t have to pay maintenance in each of the proceedings under different Maintenance laws [Explainer on Supreme