Case Note & Summary
The petitioner, Smt. Savithri, filed a revision petition under Section 19 of the Family Courts Act, 1984, challenging the order dated 02.01.2018 passed by the Principal Judge, Family Court, Tumakuru, in C.Mis.No.73/2016. The Family Court had dismissed her petition under Section 125 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking maintenance from her husband, Sri B.N. Dayananda. The petitioner and respondent were married, and a son was born from the wedlock. Initially, they lived cordially, but later the respondent started neglecting the petitioner and the child. The petitioner filed a maintenance petition, but the Family Court dismissed it on the ground that the petitioner was not a legally wedded wife but a second wife. The respondent contended that the marriage was invalid as he was already married. The High Court considered the object of Section 125 Cr.P.C., which is a social justice measure to prevent vagrancy and destitution. The court held that even if the marriage is invalid due to bigamy, a woman who is unable to maintain herself and whose husband has neglected her is entitled to maintenance. The Family Court's dismissal solely on the ground that the petitioner was a second wife was erroneous. The High Court allowed the revision petition, set aside the Family Court's order, and remanded the matter for fresh consideration on merits, directing the Family Court to decide the quantum of maintenance and other aspects.
Headnote
A) Family Law - Maintenance - Section 125 Cr.P.C. - Second Wife - Entitlement - The issue was whether a woman who is a second wife in a bigamous marriage is entitled to maintenance under Section 125 Cr.P.C. - The court held that the object of Section 125 Cr.P.C. is to prevent vagrancy and destitution, and a woman who is unable to maintain herself and whose husband has neglected her is entitled to maintenance, regardless of the validity of the marriage - The Family Court's dismissal on the ground that the petitioner was not a legally wedded wife was erroneous - Held that the petitioner is entitled to maintenance (Paras 1-3).
Issue of Consideration
Whether a woman who is a second wife in a bigamous marriage is entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973?
Final Decision
Revision petition allowed. Order dated 02.01.2018 in C.Mis.No.73/2016 passed by the Family Court, Tumakuru, is set aside. The matter is remanded to the Family Court for fresh consideration on merits, including quantum of maintenance.
Law Points
- Maintenance under Section 125 Cr.P.C. is a social justice measure
- not dependent on validity of marriage
- second wife in a bigamous marriage is entitled to maintenance if she is unable to maintain herself and husband has neglected her
- Family Court erred in dismissing petition solely on ground that petitioner was second wife.
