The Supreme Court has ruled that a woman can seek maintenance from her second husband under Section 125 of the Criminal Procedure Code (CrPC), even if her first marriage was not formally dissolved by law.
A bench of Justice B.V. Nagarathna and Justice Satish Chandra Sharma delivered the ruling, restoring the Family Court’s order that had granted maintenance but was later overturned by the High Court.
The case involved a woman (Appellant No. 1) who married her second husband despite not obtaining a legal divorce from her first husband. Importantly, the second husband was aware of her previous marriage. The couple lived together, had a child, but later separated due to disputes. The woman then sought maintenance under Section 125 CrPC.
The Family Court had initially granted maintenance, but the High Court dismissed it, declaring the marriage void because the first marriage was still valid.
Challenging this, the woman argued that the term “wife” in Section 125 CrPC should be interpreted broadly to include women in void marriages, especially when the second husband knowingly entered into such a marriage.
The Supreme Court agreed, setting aside the High Court’s order. Justice Sharma, writing the judgment, made key observations:
- Section 125 CrPC is a social justice provision designed to prevent destitution, and must be interpreted liberally.
- The second husband was fully aware of her first marriage and had married her twice. Hence, he could not escape responsibility by citing the lack of legal divorce.
- The woman had a mutual separation agreement (MoU) with her first husband, was living separately, and was not receiving any support from him. This showed she was de facto separated, despite no legal decree of divorce.
The Court also cited Mohd. Abdul Samad v. State of Telangana, stressing that homemakers in India face economic vulnerability and the right to maintenance is both a legal and moral duty of the husband.
Accordingly, the Supreme Court restored the Family Court’s maintenance award in favor of the woman.
Cases:
- Sajimon Parayil v. State of Kerala and Others | SLP(C) 25250-25251/2024
- Juli CJ v. State of Kerala and Others
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