Case Note & Summary
The petitioner, Mrs. Alka Bhausaheb Bhad, filed a Criminal Writ Petition under Article 227 of the Constitution of India challenging the judgment and order dated 21 April 2022 passed by the Additional Sessions Judge, Niphad, in Criminal Revision Application No.11 of 2015. The petitioner had earlier filed an application under Section 125 of the Code of Criminal Procedure, 1973 (CrPC) for maintenance from her husband, the first respondent. She claimed that she married the respondent in 1989 after being deceived by him into believing that his first wife, Jijabai, had divorced him. The petitioner gave birth to a son in 1991. Later, the first wife returned, and the petitioner consented to her living with them. Subsequently, the respondent harassed and deserted the petitioner. The Judicial Magistrate First Class, Yeola, allowed the maintenance application. The respondent filed a criminal revision before the Additional Sessions Judge, Niphad, who set aside the maintenance order on the ground that the marriage was void ab initio due to the subsistence of the first marriage, and thus the petitioner was not a 'wife' entitled to maintenance. The High Court, in its judgment, allowed the writ petition, holding that the term 'wife' under Section 125 CrPC includes a woman whose marriage is void if she was deceived by the husband into believing the marriage was valid. The court emphasized that the husband cannot take advantage of his own wrong and that the object of Section 125 is to prevent destitution. The court restored the order of the Magistrate granting maintenance.
Headnote
A) Criminal Law - Maintenance - Section 125 CrPC - Second Wife - Void Marriage - Husband's Deception - The petitioner, second wife, filed for maintenance under Section 125 CrPC after being deserted. The husband opposed on ground that marriage was void due to subsistence of first marriage. The court held that a wife includes a woman whose marriage is void if she was deceived by the husband into believing the marriage was valid. The husband cannot take advantage of his own wrong. Maintenance granted. (Paras 1-10) B) Criminal Law - Maintenance - Section 125 CrPC - Definition of 'Wife' - Void Marriage - The court interpreted 'wife' under Section 125 CrPC to include a woman who was induced into a void marriage by the husband's fraud or concealment. The object of Section 125 is to prevent vagrancy and destitution. The husband's plea of invalidity of marriage is not a defence if he is responsible for the deception. (Paras 5-10)
Issue of Consideration
Whether a second wife, whose marriage is void due to the subsistence of the husband's first marriage, is entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973?
Final Decision
The High Court allowed the writ petition, set aside the order of the Additional Sessions Judge, and restored the order of the J.M.F.C., Yeola granting maintenance to the petitioner under Section 125 CrPC.
Law Points
- Maintenance under Section 125 CrPC available to second wife if marriage is void due to husband's concealment of prior subsisting marriage
- validity of marriage not a bar to maintenance
- principle of estoppel against husband
- purposive interpretation of Section 125 CrPC
