The Madras High Court recently said that a woman and her child are entitled to maintenance under Section 125 of the Criminal Procedure Code (CrPC), even if the marriage is not legally valid due to the man already being married.
Justice K Murali Shankar, from the Madurai bench, was hearing a revision plea from a man who was ordered by the Tirunelveli Family Court to pay ₹10,000 monthly maintenance each to his second “wife” and their son. The Family Court also asked him to pay all past due maintenance within a month.
The woman claimed that the man had failed to support her and their son, despite being legally responsible. She also said he demanded ₹25 lakh as dowry, and when she couldn’t meet this demand, he started avoiding her. She stated he earns ₹50,000 salary and gets over ₹90,000 as rent from 11 properties.
The man denied both the marriage and fatherhood of the child. He said he married another woman in 2011 and had a child with her. His divorce case was dismissed, and an appeal is still pending. He also claimed he earns only ₹11,500 and already pays ₹7,000 maintenance to his first wife and child.
The Court noted that documents showed the first marriage still exists, making the second marriage legally invalid. But it also found that the couple lived together and had a child. The woman had submitted wedding invitations, photos, birth certificate, and WhatsApp chats to support her claim.
Though the man at first admitted to the WhatsApp messages, he later said he had lost his phone. However, the Court noted that the messages were from 2019, making his excuse unreliable. He also refused to take a DNA test to prove he wasn’t the father.
The Court concluded that they had lived as husband and wife, and the child was born from that relationship. Since the man didn’t submit any documents to prove his claimed income, the Court found the ₹10,000 monthly maintenance order fair.
The petition was dismissed.
- Case Title: Loyola Selva Kumar v Sharon Nisha
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