Muslim Husband Cannot Deny Maintenance To First Wife, Citing Duty Towards Second Wife: Kerala High Court

The Kerala High Court held that a Muslim husband cannot deny maintenance under Section 125(4) CrPC / Section 144 BNSS by citing his obligation to maintain his second wife or claiming that his son provides support.

The Court rejected the husband's argument that his first wife left him without sufficient reason, observing that her decision to live separately after his second marriage was justified. 

It reiterated that her right to maintenance under Section 144 BNSS is independent of any support she may receive from her son and dismissed the husband's revision petition. 

[Vappinu v. Fathima and connected case]