The Allahabad HC’s July 2026 Answer.

By Advocate Karan Dua | Vintage Litigation, New Delhi | Published: July 2026

She came to me with a question that more people are asking in 2026 than ever before.

She had been living with a man for three years. He introduced her to everyone as his wife. She ran his household. She had given up her own career to be with him. When the relationship broke down, she went to a magistrate court to claim maintenance.

Then she discovered that he had never legally divorced his first wife. The first marriage was intact. Which meant her second “marriage” was void. Which meant she was not, in the eyes of Indian law, his wife at all.

Could she still claim maintenance?

The Allahabad High Court gave a direct answer to this question in a ruling reported on July 14, 2026: under Section 144 of the Bharatiya Nagarik Suraksha Sanhita — the primary maintenance provision under the criminal law — a woman cannot claim maintenance as a “wife” from a second man if her first marriage has not been legally dissolved.

But this ruling is not the end of the story. Because Indian law does not leave women in this situation without any remedy at all. And understanding which remedies are still available — and how to use them — is the difference between having legal recourse and believing, falsely, that you have none.

1. The Legal Framework: What Makes Someone a “Wife” for Maintenance

Section 144 of the BNSS 2023 — which replaced Section 125 of the Code of Criminal Procedure — provides that a magistrate may order a husband who neglects or refuses to maintain his wife to pay her maintenance. The word “wife” is the threshold requirement for this remedy.

For decades, Indian courts have wrestled with what “wife” means when a man has been in multiple relationships, some legally valid and some not. The Supreme Court settled the baseline position in two landmark rulings:

Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav (1988) 2 SCC 602: A woman who “married” a man whose first marriage was legally subsisting cannot claim maintenance under Section 125 CrPC (now Section 144 BNSS) as a wife. The second “marriage” is void — she is not his wife in law.

Savitaben Somabhai Bhatiya v. State of Gujarat (2005) 3 SCC 636: Reaffirmed the same principle — a void bigamous marriage does not create a wife-husband relationship capable of supporting a maintenance claim under Section 125 CrPC.

The Allahabad High Court’s July 14, 2026 ruling confirms that this position remains fully operative under the BNSS 2023. The replacement of CrPC with BNSS has not changed the substantive legal position: where a woman’s first marriage remains undissolved, a second “marriage” is void, and she is not a “wife” for the purpose of Section 144 BNSS maintenance.

2. The Four Situations — and What Each One Means

Not everyone asking about second wife or live-in partner maintenance is in the same situation. The legal answer is different depending on which of the following four situations applies.

Situation A — Your “Marriage” Is Void Because His First Marriage

Was Never Dissolved

You married a man who never legally divorced his first wife. Under the Hindu Marriage Act, Section 11, a second marriage contracted during the subsistence of the first is void — it does not legally exist. As the Allahabad HC’s July 2026 ruling confirms:

Section 144 BNSS maintenance (as a “wife”): NOT available.

But — and this is critical — the DV Act route remains available. The DV Act explicitly protects women in a “relationship in the nature of marriage,” which includes a woman who entered a void marriage in good faith. Under Section 22 of the DV Act, you can claim monetary relief from the man who held you out as his wife. This is entirely separate from Section 144 BNSS and specifically designed for exactly this situation.

Additionally, if you were deceived — if he concealed the first marriage from you — he can face criminal prosecution under Section 82(2) of the BNS 2023 (aggravated bigamy, imprisonment up to ten years). We covered this in detail in our article on what a wife can do when a husband has a second marriage.

Situation B — Your First Marriage Was Never Dissolved and You Are

Claiming Maintenance From Your Second “Husband”

This is the precise situation the Allahabad HC addressed on July 14, 2026. You entered a second relationship — perhaps even a second “marriage” ceremony — but your first marriage was never legally dissolved. Now the second relationship has broken down and you want maintenance from the second man.

Section 144 BNSS maintenance from the second man: NOT available because you are not his “wife” in law — your first marriage is still intact. Courts will not award maintenance as a wife where the underlying marriage is void.

But your first husband still owes you maintenance. You remain his legal wife. If he is not maintaining you, you can file for maintenance from him under Section 144 BNSS or the Domestic Violence Act as you were always entitled to — and this right has not been affected by the subsequent void second “marriage.”

DV Act route from the second man: potentially available if you cohabited with him in a shared household and were in a domestic relationship within the DV Act’s definition, regardless of whether the underlying marriage was void.

Situation C — You Are in a Live-In Relationship (No Marriage

Ceremony at All)

A live-in partner — where neither party has performed a marriage ceremony — is in a different position from a void marriage, and the law treats her differently.

The Supreme Court in Chanmuniya v. Virendra Kumar Singh Kushwaha (2011) 1 SCC 141 expanded the definition of “wife” for maintenance purposes to include women in long-standing, marriage-like live-in relationships — where the couple lived together, held themselves out as married, and had children. In these circumstances, the Court held that the woman may claim maintenance under Section 125 CrPC (now Section 144 BNSS) as if she were a wife.

However, the Supreme Court in Indra Sarma v. V.K.V. Sarma (2013) 15 SCC 755 identified the limits: a live-in relationship where both parties know it is not a marriage — particularly where one partner is already married and the other knows this — does not qualify for the extended definition. Knowledge of the pre-existing marriage removes the good faith premise that supports the Chanmuniya extension.

The DV Act applies more broadly to all live-in partners — even those not entitled to Section 144 BNSS maintenance — because the DV Act’s definition of “domestic relationship” specifically includes “persons who live or have at any point of time lived together in a shared household” in a “relationship in the nature of marriage.”

Situation D — First Marriage Was Properly Dissolved,

Second Marriage Is Valid

If the first marriage was legally dissolved — through a mutual consent divorce decree or a contested divorce — before the second marriage was solemnised, the second marriage is entirely valid. The second wife is his wife in law, with full Section 144 BNSS maintenance rights and all other matrimonial protections.

This is the clean situation where the second relationship has no legal complications related to the first marriage. All maintenance rights are fully available. For guidance on maintenance calculation and enforcement, see our maintenance law guide.

3. The DV Act — The Most Important Remedy Most Women in This

Situation Don’t Use

The single biggest practical mistake made by women in void marriages or live-in relationships who seek legal advice is going to a magistrate under Section 144 BNSS and being told “you are not a wife, you have no claim.” They leave thinking they have no recourse at all.

They do. They are just going to the wrong court with the wrong provision.

The Protection of Women from Domestic Violence Act, 2005 is the appropriate primary remedy for women in Situations A, B, and C above. Here is why:

The DV Act’s definition of “domestic relationship” is deliberately broad. Section 2(f) defines it as a relationship between two people who live or have lived together in a shared household, and who are “related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.”

The critical phrase: “relationship in the nature of marriage.” This was specifically included to protect women in live-in relationships and women in void or voidable marriages — people who do not technically satisfy the strict requirements for a “wife” under Section 144 BNSS but who were in a genuine, committed, cohabiting relationship.

What the DV Act can give you: Under Section 22, a Magistrate can order the respondent to pay the aggrieved person monetary relief to cover: loss of earnings, medical expenses, maintenance for herself and her children, and compensation for losses suffered. This is specifically available to women in “domestic relationships” even without a valid marriage.

Additionally, DV Act Section 19 residence orders protect you from being evicted from the shared household you have been living in — regardless of whether the relationship was a valid marriage.

The Supreme Court in S.R. Batra v. Taruna Batra and multiple subsequent rulings has confirmed that these DV Act protections apply to women in relationships in the nature of marriage, not only to formally married wives.

Practical point: A woman who has been told she cannot claim maintenance under Section 144 BNSS because her second marriage is void should immediately file a DV Act complaint and claim monetary relief under Section 22. This is a separate, parallel remedy that does not require a valid marriage.

4. What About the Children? A Void Marriage Does Not Make

Children Illegitimate

One of the most common fears raised by women in void second marriages is about the status of their children. This fear, while understandable, is legally unfounded.

Section 16 of the Hindu Marriage Act specifically provides that children of void or voidable marriages are legitimate. This has been consistently upheld by the Supreme Court. A child born from a void bigamous marriage is the legitimate child of both parents, entitled to maintenance, inheritance rights from both parents, and all other rights of a legitimate child.

This means that even where the mother cannot claim maintenance as a “wife,” the children can and should claim child maintenance from the father. Child maintenance is the child’s independent right and is not contingent on the parents’ marriage being valid.

5. The First Wife’s Position When a Second Relationship Exists

This situation also has implications for the first wife, whose legal position is sometimes misunderstood.

The first wife remains the legal wife. The void second “marriage” does not affect her status, her maintenance rights, or her inheritance rights. She is still entitled to full maintenance from her husband under Section 144 BNSS and the DV Act, and her position as the legal spouse is unchanged.

The second wife’s DV Act claim does not diminish the first wife’s claim. Both women can have simultaneously valid legal claims against the same man — the first wife under her marriage, the second under the DV Act domestic relationship framework. Courts handle these as separate proceedings.

The husband faces potential bigamy prosecution. A man who contracted a second void marriage while his first marriage subsists has committed the offence of bigamy under Section 82 of the BNS 2023. This criminal exposure is separate from any civil maintenance obligation. We covered the first wife’s complete legal toolkit — including the bigamy complaint — in our dedicated article on husband’s second marriage and wife’s legal options.

6. How to Dissolve the First Marriage Before the Situation

Becomes More Complicated

The cleanest resolution for anyone in a second relationship where the first marriage was never dissolved is to address the first marriage properly — either through a mutual consent divorce where both spouses agree, or through a contested divorce on applicable grounds where they do not.

Once the first marriage is legally dissolved, the second relationship can either be regularised through a proper marriage ceremony (converting a void union into a valid one) or addressed on its own terms. The legal complications — void marriage, limited maintenance rights, DV Act dependence — dissolve once the underlying first marriage issue is resolved.

The longer this is left unaddressed, the more complicated the legal picture becomes — for both the first wife, the second partner, and the children of both relationships.

How Vintage Litigation Can Help

Advocate Karan Dua advises clients across all of the situations described in this article — first wives whose husbands have entered second relationships, second wives or live-in partners assessing their maintenance rights, and husbands navigating the legal complexity of multiple relationships. Whether you need guidance on which remedy is available to you, how to file a DV Act complaint for monetary relief in lieu of Section 144 BNSS maintenance, or how to regularise an existing situation by addressing the first marriage, we can give you a clear, 2026-current assessment in the first consultation.

Online first consultation. Fully confidential. No commitment required.

📞 Call / WhatsApp: +91-9999483959 📧 Email: Adv.karan.dua67@gmail.com 📍 O-11A, Basement, Jangpura Extension, New Delhi – 110014 ⏰ Monday–Saturday, 9 AM – 6 PM. WhatsApp available after hours.

Frequently Asked Questions

Q1. I entered a second marriage but my first marriage was never dissolved. Can I claim maintenance from my second husband?

Under Section 144 BNSS (the primary maintenance provision under criminal law), no — as the Allahabad HC confirmed in July 2026. Your second “marriage” is void because your first marriage was never dissolved, making you not his “wife” in law for Section 144 BNSS purposes. However, the DV Act provides a parallel remedy: if you were living with him in a shared household, you can claim monetary relief under Section 22 of the DV Act as a person in a “domestic relationship” or “relationship in the nature of marriage.”

Q2. I am in a live-in relationship. Can I claim maintenance?

Potentially yes under Section 144 BNSS, if the relationship was long-standing, marriage-like, and you held yourselves out as married — the Supreme Court’s Chanmuniya ruling (2011) extended maintenance rights to women in these circumstances. Additionally, the DV Act provides monetary relief for all women in live-in “domestic relationships,” even those not entitled to Section 144 BNSS maintenance. The right approach depends on the specific nature and duration of your relationship.

Q3. My husband has a second wife/partner but never divorced me. Is my maintenance affected?

No — you remain his legal wife and your maintenance rights are entirely unaffected by the void second relationship. You are entitled to full maintenance under Section 144 BNSS and the DV Act. The void second marriage does not diminish your status, your claims, or your inheritance rights in any way.

Q4. Can my children from a void second marriage claim maintenance from their father?

Yes — absolutely. Section 16 HMA makes children of void or voidable marriages legitimate. Your children are legally the father’s children, entitled to maintenance, inheritance from both parents, and all the rights of legitimate children. Child maintenance is independent of whether the parents’ marriage was valid or void.

Q5. The man I was with said I have no rights because we were never “really married.” Is that true?

No. Even if the marriage was void — or even if there was no marriage ceremony at all but a long cohabiting relationship — the DV Act provides protections. The Act specifically covers “relationships in the nature of marriage.” A man who lived with a woman as a couple in a shared household cannot simply walk away because the legal formalities of marriage were not technically met.

Q6. What is the difference between claiming maintenance under Section 144 BNSS and under the DV Act?

Section 144 BNSS requires you to be a legally valid wife (or dependent parent/child). It is heard before a Magistrate Court and provides a monthly maintenance order. The DV Act covers women in “domestic relationships” including void marriages and live-in relationships — it provides monetary relief under Section 22, as well as protection orders and residence orders not available under Section 144 BNSS. The DV Act route is often faster for interim relief and does not require proving a valid marriage.

Q7. I was deceived — he told me he was divorced but wasn’t. What are my remedies?

You have several. First, monetary relief under the DV Act as a deceived partner in a domestic relationship. Second, a criminal complaint for aggravated bigamy under Section 82(2) BNS 2023 (up to ten years, non-compoundable) — if he concealed the first marriage from you, this is specifically the aggravated offence. Third, if you have children, a maintenance application for them as their legitimate father’s children. Fourth, if you want to regularise or formally end the relationship, appropriate family court proceedings once the facts are established on record.

Q8. We’ve been living together for 8 years. Does that make me a “wife” for maintenance purposes?

A long-standing live-in relationship strengthens your position for both Section 144 BNSS maintenance and DV Act relief. The Chanmuniya ruling specifically noted duration of cohabitation as a factor in treating a live-in partner as a “wife” for maintenance. Eight years is a substantial period that courts take seriously. However, if you knew his first marriage was not dissolved and you entered the relationship anyway, courts may not extend the Chanmuniya benefit — the good-faith element matters.

Q9. Can I file for maintenance under the DV Act even if the man says we were never in a relationship?

Yes — but you will need to establish the domestic relationship through evidence: shared address records, communication history, photographs, financial records showing shared expenses, witness testimony from neighbours, family members, or others who knew you as a couple. The man denying the relationship is a common litigation tactic; courts assess the evidence, not the denial.

Q10. What should I do first if I am in this situation right now?

Come in for a consultation before filing anything. The right remedy — Section 144 BNSS, DV Act monetary relief, bigamy complaint, or all three in combination — depends on your specific facts: how long the relationship lasted, whether you knew about the first marriage, whether you have children, and what outcome you are seeking. Filing the wrong application first creates avoidable complications. A single consultation with an experienced matrimonial lawyer gives you a coordinated strategy before you take any legal step.

Adv. Karan Dua — Advocate, Delhi High Court | Matrimonial & Family Law Adv. Karan Dua is a Delhi-based advocate specialising in maintenance proceedings, domestic violence cases, bigamy complaints, contested and mutual divorce, and complex multi-forum matrimonial litigation involving second marriages and live-in relationships. He practises before the Delhi High Court and family courts across the NCR. Learn more about Vintage Litigation or get in touch.