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Family LawSupreme Court of India

Sau Shaila Balasaheb Kadam v. Balasaheb Hindurao Kadam

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 10086-10087 of 2014)Decided 10 Nov 2014
Civil Appeal Nos. 10086-10087 of 2014
Justice V. Gopala Gowda · Justice C. Nagappan

Background

This order sends the case back; it does not decide the dispute. Shaila sought maintenance from a man she alleged had concealed an existing marriage before marrying her and later subjected her to cruelty. The trial court awarded ₹450 monthly maintenance, but the first appellate court reversed the award because she was a second wife. The High Court rejected her second appeal without identifying a substantial question of law.

Decision Breakdown

This is not a final decision on the dispute. The Supreme Court allowed her appeals and remanded the case to the High Court for fresh consideration. It found that the rival submissions had not been addressed in the proper perspective and that rejection for lack of a substantial question of law was unjustified. The Court noted the later Badshah decision concerning a deceived woman's criminal-procedure maintenance claim, without deciding whether that reasoning resolved this civil statutory claim. The High Court was directed to frame the necessary substantial question of law and hear both sides promptly. The Supreme Court expressly gave no opinion on the merits or final entitlement to maintenance.

Lesson Learnt

A maintenance claim involving alleged concealment of an existing marriage required substantive judicial consideration here. This remand gave Shaila a fresh hearing; it did not itself restore the payment award or declare every second marriage eligible for maintenance.

Sau Shaila Balasaheb Kadam v. Balasaheb Hindurao Kadam – Legal Case Shots | LegalAware