The Uttarakhand High Court has set aside an order of the Nainital family court that had granted interim maintenance to a woman claiming to be the second wife of a retired government employee, directing that the matter be examined afresh.
Justice Ashish Naithani, who heard the criminal revision petition filed by Kharak Singh, said the family court had failed to properly investigate the woman’s identity, her marital status, and the legitimacy of her claim that she was Singh’s second wife. The judge noted that the case raised “complex factual issues” that demanded a detailed inquiry before any maintenance could be awarded.
The family court had earlier directed payment of maintenance to one Dhanuli Devi. Challenging that order, Singh told the High Court that his lawful wife had died on August 5, 2020, and that Devi, who had worked as a domestic help, was impersonating his spouse to secure pension and financial benefits.
During the High Court proceedings, both Singh and the woman appeared in person. Devi identified herself as the daughter of Durga Devi and Bilob Singh, and said she had a married son and a married daughter. She claimed Singh had even solemnised her daughter’s marriage and insisted she was his second wife. Describing herself as illiterate, she sought interim maintenance.
Singh denied the relationship entirely.
The court spotted several inconsistencies, including the presence of two different individuals named Dhanuli Devi in the records — one reportedly deceased in 2010 and another who appeared before the court claiming to be Singh’s wife. The Aadhaar card of the woman who appeared in court listed her husband’s name as Kharak Singh, adding another layer of complexity.
Justice Naithani held that determining the truth required examining documentary material and other evidence, which the family court should have done but did not. Since the earlier inquiry was insufficient, the High Court quashed the maintenance order.
The family court has now been directed to hear the case again, allowing both sides to submit evidence on identity, marital status, and any other relevant facts before arriving at a fresh decision.
