maintenance while living separately from her husband "if he keeps a concubine in the same house in which his wife is living or habitually ... resides with a concubine elsewhere". Under Clause (d) of that provision she can claim maintenance if the husband has any other wife living
High Court opined that the words "paramour"
and "concubine" stand on the same footing. In arriving at the
said opinion ... that the
allegations made against the petitioner viz. that she is
the concubine of A-1 is true, then, it is to be held that
petitioner in the
complaint is that she is the girl friend/concubine/paramour of
the husband and as such, the husband is torturing the wife ... husband and only at the end the word
"concubine" has been used. The core question which arises
for consideration is as to whether
marriage, and the status of the
appellant was that of a concubine. A
concubine cannot maintain a relationship in
the nature of marriage because such ... their
relationship, hence the status of the
appellant is that of a concubine or a
mistress, who cannot enter into relationship
in the nature
between Wamanrao and
Shamlabai and as Shakuntalabai is the daughter
of a concubine and as many circumstances have
been brought on record, the Trial Court ... wedded wife of Wamanrao. So also, they
contended that she was the concubine of Wamanrao
and her birth was out of the matrimonial
relationship
between Wamanrao and
Shamlabai and as Shakuntalabai is the daughter
of a concubine and as many circumstances have
been brought on record, the Trial Court ... wedded wife of Wamanrao. So also, they
contended that she was the concubine of Wamanrao
and her birth was out of the matrimonial
relationship
defendant had been proved and she should be deemed to be a concubine.
Sri S. K. Venkataranga Iyengar, learned Senior Counsel appearing for the appellant ... came to the conclusion that the residence of Shantamma, as a concubine was proved. Having regard to the fact that the second marriage was void
issues and found that Ganga, the plaintiff's mother, was the concubine and was in the exclusive and continuous keeping of Shiddoji ... following effect:--
It means "You are the son of Gangabai, concubine of the person No. 1 out of us, and are born from
plaintiff. He had kept the mother of the first defendant as concubine in his house.
3. It also bears out from the evidence recorded during ... first defendant (appellant No. 1 herein) who is the son of the concubine of late Shivamurthappa, is entitled to half of the share
free to make a gift of his own property to his concubine. The gifts under Exs.A-1 and A-2 were ... gift of even his undivided interest in the coparcenary properties to his concubine. The gifts were therefore invalid.
3. The law is thus well settled
