The wife filed an application under Section 125 Cr. P.C. claiming maintenance for herself as also minor daughter alleging that at the time of her marriage with the respondent sometime in 1981, the fact that the respondent was already married.. Decide

Question: The wife filed an application under Section 125 Cr. P.C. claiming maintenance for herself as also minor daughter alleging that at the time of her marriage with the respondent sometime in 1981, the fact that the respondent was already married and his spouse was living was not known, and that after the discovery of the previous marriage of the respondent the relationship between the parties gradually became strained and ultimately the respondent started totally neglecting the applicant and the minor daughter and refused to maintain them. Decide

Find the answer to the mains question only on Legal Bites. [The wife filed an application under Section 125 Cr. P.C. claiming maintenance for herself as also minor daughter alleging that at the time of her marriage with the respondent sometime in 1981, the fact that the respondent was already married.. Decide.]

Answer

The respondent denied his liability to pay any maintenance and pleaded that the applicant was fully aware of his first marriage and the fact that his first wife was living at that time. Decide. [DJ.S. 1990]

Maintenance in legal meaning is money (alimony) that someone must pay regularly to a former wife, husband, or partner, especially when they have had children together. It is the duty of every person to maintain his wife, children, and aged parents, who are not able to live on their own.

Section 125 of CrPC deals with the order of maintenance of wives, children, and parents. According to Section 125, a wife is entitled to get maintenance from her husband. But such a wife must be a legally married wife. According to the Hindu Marriage Act, a second marriage is void if performed during the lifetime of the spouse. Expression wife for the purpose of maintenance under Section 125 of CrPC includes a legitimate or legally wedded wife.

In the case of Smt. Yamunabai Anantrao Adhav v. Ranantrao Shivram Adhav, AIR 1982 1988 SCR (2) 809, the Supreme Court held that marriage of women in accordance with Hindu rites with a man having a living spouse is completely nullity in the eye of law and she is not entitled to benefit under Section 125 of the CrPC.

The question of whether the second wife is entitled to maintenance or not is dealt with by the Supreme Court in the landmark case of Badshah v. Sou. Urmila Badshah Godse & Anr., (2014) 1 SCC 188. The Court in this case held that the second wife is entitled to maintenance under Section 125 of CrPC, under certain circumstances.

The court stated that a woman who is the second wife is also entitled to the right of maintenance under Section 125 when there is sufficient evidence to prove that she was unaware of her husband’s previous wedding and the second wedding was performed in accordance with the personal laws.

Similarly, in the case of Mallika And Anr. v. P. Kulandai, 2000 CriLJ 142, Madras High Court held that in cases where the husband misrepresented his first wife’s death, his second wife would have the right to maintenance.

Hence, in view of the above judgments, it can be said that generally, a Second wife marrying a Hindu male having legally wedded wife, after coming into force of the Hindu Marriage Act, 1955 is void ipso jure under section 5(i) of the Act and is not entitled to claim of maintenance either under the Hindu Marriage Act, 1955 or under section 125 of the CrPC. So, if in the present case the second wife can establish that she was unaware about the first marriage of her husband and the second wedding was performed in accordance with the personal laws, then she can rightfully claim maintenance from her husband.

---

Important Mains/Long Questions for Judiciary, APO & University Exams

1. CRPC Mains Questions Series Part I: Important Questions
2. CRPC Mains Questions Series Part II: Important Questions
3. CRPC Mains Questions Series Part III: Important Questions
4. CRPC Mains Questions Series Part IV: Important Questions
5. CRPC Mains Questions Series Part V: Important Questions
6. CRPC Mains Questions Series Part VI: Important Questions
7. CRPC Mains Questions Series Part VII: Important Questions
8. CRPC Mains Questions Series Part VIII: Important Questions
9. CRPC Mains Questions Series Part IX: Important Questions
10. CRPC Mains Questions Series Part X: Important Questions
11. CRPC Mains Questions Series Part XI: Important Questions