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The Supreme Court ruled that a woman may claim maintenance from her second husband under Section 125 of CRPC, even if her first marriage is still legally valid.
The court stressed that social welfare laws should be widely interpreted to prevent vagrancy and destruction. (File image/PTI)
The Supreme Court has admitted that a woman would be entitled to her second husband to claim maintenance under Section 125 of CRPC, even if her previous marriage is legally subsistence. A bench of Justice BV Nagratna and Justice Satish Chandra Sharma said that the purpose of social welfare provisions such as maintenance should be given a detailed explanation and a strict legal interpretation should not be allowed to defeat its humanitarian objective.
Section 125 of the Criminal Procedure Code (CRPC) has been replaced by Section 144 of the Indian Municipal Security Code, with effects from 1 July 2024.
Instructing the second husband to pay his prestigious wife to pay maintenance, the apex court said, “In the opinion of this court, when maintenance U/S125 CRPC’s social justice objective is considered against the special facts and circumstances of the case. Going, we cannot deny the maintenance of the appellant number 1, the law that social welfare provisions should be subject to a detailed and beneficial construction. “
“An alternative interpretation will clearly defeat the purpose of the provision by not only allowing ambiguity and destruction, but will also give legal approval to the defendant’s functions in deliberately entering the wedding to know with the appellant number 1, but avoid its privileges Duties and obligations, “the bench said in an order on 30 January.
The apex court was hearing a petition filed by a woman, which separated from her first husband in 2005, after signing a memorandum of a memorandum, although no formal legal decision was taken of divorce was taken Was.
Later, she became familiar with her neighbor and the couple got married on 27 November 2005. After the differences, the second husband announced her marriage, which was given by a family court in February 2006. Later, the couple reconciled and remarried, remarried, which was registered in Hyderabad.
The couple’s daughter was born in January 2008.
However, differences arose between the couple again and the woman filed a complaint against another husband and their family members under the Dowry Prohibition Act.
Subsequently, the woman demanded maintenance for herself and her daughter under Section 125 of the CRPC, which was allowed by the family court, but the Telangana High Court separated the order after challenging the second husband.
In her appeal, the second husband presented that the woman cannot be considered his legal wife as her first marriage is still legally subsistence.
Rejecting the argument of the second husband, the apex court separated the High Court order and restored the maintenance award.
(This story has not been edited by AyraNews24x7 employees and a syndicated news agency has been published from feed – PTI,
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