Case Note & Summary
The case involves a criminal revision filed by Sau. Taibai w/o Chandrabhan Marathe, the step-mother of the respondent Pradeep s/o Chandrabhan Marathe, against the judgment and order dated 18.4.2007 passed by the Additional Sessions Judge, Darwha, in Criminal Revision No. 18 of 2005. The revisional court had rejected her application for maintenance under Section 125 of the Code of Criminal Procedure, 1973, which had been allowed by the trial Magistrate. The applicant is the third wife of the respondent's father, and the respondent is the son from the first wife. The applicant claimed that the respondent neglected to maintain her. The respondent contended that the applicant's marriage to his father was void as the first wife was not divorced. The High Court, after hearing both sides, found that there was no evidence of a legal divorce of the first wife, and therefore the applicant's marriage to the father was void under Sections 5 and 11 of the Hindu Marriage Act, 1955. Consequently, the applicant could not be considered a 'wife' entitled to maintenance from the step-son. Additionally, the court noted that the applicant had obtained a decree for a grocery shop jointly run with the respondent, evicted him, and then closed the shop, thereby voluntarily giving up a source of income. The court held that the applicant had created her own incapacity to maintain herself. The High Court dismissed the revision, upholding the revisional court's order rejecting maintenance.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 CrPC - Step-mother's claim - A step-mother whose marriage to the father is void under Sections 5 and 11 of the Hindu Marriage Act, 1955, cannot claim maintenance from her step-son under Section 125 CrPC. The court held that in the absence of a legal and valid marriage, the step-mother is not entitled to maintenance. (Paras 4-5) B) Hindu Marriage Act - Void Marriage - Sections 5 and 11 - Third wife without divorce of first wife - A marriage contracted while the first wife is alive and not divorced is void ab initio. The court held that the applicant being the third wife of the father, with no evidence of divorce of the first wife, the marriage is in violation of Sections 5 and 11 of the Hindu Marriage Act, 1955, and thus void. (Para 4) C) Criminal Procedure Code - Maintenance - Self-created incapacity - Section 125 CrPC - A person who voluntarily closes down a source of income cannot claim maintenance. The court noted that the applicant closed the grocery shop business, which was a source of income, and thus cannot claim maintenance from the step-son. (Para 5)
Issue of Consideration
Whether a step-mother, whose marriage to the father is void due to non-divorce of first wife, is entitled to maintenance from her step-son under Section 125 of the Code of Criminal Procedure, 1973, and whether she can claim maintenance after closing down the business which was a source of income.
Final Decision
The High Court dismissed the criminal revision, upholding the order of the Additional Sessions Judge, Darwha, rejecting the maintenance application.
Law Points
- Maintenance under Section 125 CrPC
- Void marriage under Hindu Marriage Act
- Step-mother's right to maintenance
- Self-created incapacity to maintain
