Husband's Financial Obligations Affirmed Despite Claims of Paternity Disputes and Financial Constraints
In a significant ruling, the Karnataka High Court, Dharwad Bench, has upheld the rights of a legally wedded wife, her minor children, and aged mother to receive maintenance from her husband despite his second marriage and claims of financial constraints. The judgment, delivered by Justice Geetha K.B. on April 23, 2026, emphasizes the presumption of legitimacy of children born during the subsistence of a valid marriage under Section 116 of the Bharatiya Sakshya Adhiniyam, 2023.
The case revolves around Sri. Guruprasad, the petitioner, who contested the liability to pay maintenance to his first wife, Smt. Sangeeta, their children, and his aged mother, following his second marriage. The petitioner argued financial inability and disputed the paternity of one of the children. The court, however, held that his obligations to his first family remain intact, highlighting that the presumption of legitimacy under Section 116 could not be rebutted without proof of non-access.
The court observed that Guruprasad's second marriage provided Smt. Sangeeta sufficient reason to live separately, thereby entitling her to maintenance. Additionally, the court noted that Guruprasad failed to provide any documentary proof of his income, leading to an adverse inference against him. As a result, the maintenance awarded by the trial court was reduced, with Smt. Sangeeta and the mother receiving Rs. 5,000 each per month, and the minor children Rs. 2,500 each per month.
The decision underscores the judiciary's role in safeguarding the rights of women and children in marital disputes, ensuring that financial liabilities are not evaded under the guise of paternity disputes or financial hardship claims.
Bottom line:-
Maintenance under Section 125 Cr.P.C. - Husband's second marriage and neglect of first wife and children - Presumption of legitimacy of children born during subsistence of marriage under Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 (previously Section 112 of the Evidence Act, 1872) - Held, husband liable to pay maintenance to legally wedded wife, minor children, and aged mother despite claims of financial constraints and disputes over paternity.
Statutory provision(s): Criminal Procedure Code, 1973 Section 125, Bharatiya Sakshya Adhiniyam, 2023 Section 116
Sri. Guruprasad v. Smt. Sangeeta, (Karnataka)(Dharwad) : Law Finder Doc id # 2891936
