The Chhattisgarh High Court has recently clarified that under Section 125 of the Criminal Procedure Code (CrPC), the term “wife” includes not only a legally wedded wife but also a woman married through the performance of necessary rites.
Justice Rakesh Mohan Pandey’s bench addressed a criminal revision filed under Section 19(4) of the Family Courts Act, challenging a Family Court’s order.
In this case, the husband and wife lived together for a period after their marriage. The wife alleged that she suffered physical and mental abuse from her husband, including being confined without food. She also claimed her husband had an affair with another woman, leading to his abandonment of her. Consequently, she sought Rs. 25,000 per month in maintenance from her husband.
The Family Court partially granted her request, ordering the husband to pay Rs. 10,000 per month in maintenance.
The High Court referenced the case of Yamunabai Anantrao Adhav vs. Anantrao Shivram Adhav and Another, which established that Hindu women married under the Hindu Marriage Act, 1955, with a living wife, are not entitled to maintenance as such marriages are considered void.
However, the Chhattisgarh High Court decided that Section 125 of CrPC should be interpreted to include women married by performing necessary rites, even if the marriage is not legally recognized. The husband must prove that the woman was married to someone else to contest her claim.
The court noted that evidence, such as bank transactions and hotel receipts, showed a relationship between the parties and confirmed that their marriage was solemnized in a temple. Therefore, the court upheld the Family Court’s order and dismissed the criminal revision.
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