Recently, the Chhattisgarh High Court ruled that under Section 125 of the Criminal Procedure Code (CrPC), the term ‘wife’ includes not only a lawfully wedded wife but also a woman married through necessary rites.
Justice Rakesh Mohan Pandey reviewed a criminal revision under Section 19 (4) of the Family Courts Act, which challenged a Family Court’s order.
In this case, the couple lived together after marriage. However, the wife reported physical and mental abuse by her husband. She claimed he confined her without food for days and had illicit relationships, leading to her desertion and return to her parental home. She sought Rs. 25,000 per month as maintenance.
The Family Court partially granted her request, ordering the husband to pay Rs. 10,000 per month.
The bench referred to the Yamunabai Anantrao Adhav vs. Anantrao Shivram Adhav case, which stated that a Hindu woman married after the Hindu Marriage Act of 1955 to a man with an existing wife is not entitled to maintenance, as such a marriage is void.
The High Court observed that ‘wife’ under Section 125 CrPC should have a broader meaning, including women married by necessary rites or legal procedures. The husband must prove if the wife was married to someone else.
The court noted that the couple knew each other, had bank transactions, and stayed in hotels together. Their marriage was also performed in a temple. Hence, the High Court found no need to alter the Family Court’s order.
Therefore, the bench dismissed the criminal revision.
Case Title: Ashok Shrivastava v. Anju Samudri Shrivastava
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