Maintainability of the claim of maintenance by Second Wife under section 125 CrPC: Second marriage was performed as per Hindu rites, but during subsistence of first marriage of husband. Contention of husband was that such second marriage being void under Hindu Marriage Act, 1955; second wife is not entitled to maintenance as she was not his legally wedded wife. In view of the fact that husband had duped the second wife by not revealing to her the fact of his earlier marriage, held, husband cannot deny maintenance to her in such a case. He cannot be permitted to take advantage of his own wrong by raising the aforesaid contention. Giving purposive construction to provisions of S. 125 CrPC and applying mischief rule, held, at least for the purpose of maintenance under S. 125 CrPC, it said woman would be treated as a legally wedded wife. Judgments of Supreme Court in Yamunabai, (1988) 1 SCC 530 /Savitaben, (2005) 3 SCC 636 supporting the contention of husband would apply only in those circumstances, where a woman marries a man with full knowledge of subsistence of his first marriage. Therefore, at least for the purpose of claiming maintenance under Section 125 CrPC, the woman like Respondent 1 is to be treated as the legally wedded wife. Badshah v. Urmila Badshah Godse, (2014) 1 SCC 188 [Date of decision : 18/10/2013]. V. Sithannan, B.Sc., M.L., CC & IS., Formerly Deputy Commissioner of Police, Chennai and Superintendent of Police & Principal, Tamil Nadu Police Academy and practicing Advocate, Madras High Court.
Posted on: Fri, 15 Aug 2014 07:08:57 +0000
Trending Topics
Recently Viewed Topics
© 2015