DV Act Doesn’t Discriminate Between First and Subsequent Marriages for Maintenance: Delhi High Court

The Delhi High Court held that the Protection of Women from Domestic Violence Act does not distinguish between a wife from a first or subsequent marriage when it comes to maintenance.

Justice Swarana Kanta Sharma upheld a ₹1 lakh monthly maintenance order, rejecting the husband’s claim that he wasn’t liable as his wife had children from a previous marriage.

The Court noted he had willingly married her and led a comfortable life, with income tax returns showing ₹28–36 lakh annually. The court found no merit in his plea of financial hardship.

However, the Court upheld the trial court’s denial of maintenance to the wife’s adult sons.