Case Note & Summary
The petitioner, Bandu @ Narayan Ramchandra Gote, challenged two orders granting maintenance to his wife, Tulsabai, under Section 125 of the Code of Criminal Procedure, 1973. The Judicial Magistrate, First Class, Washim, on 31 March 2017, awarded maintenance of Rs. 1,500 per month to the respondent wife and her daughter Madhuri. The Sessions Judge, Washim, on 19 August 2017, dismissed the petitioner's criminal revision, confirming the maintenance order. The petitioner argued that the marriage was void because his first wife was alive, and thus the respondent was not a 'wife' entitled to maintenance. The respondent contended that she was unaware of the first marriage and was kept in the dark. The High Court, relying on the Supreme Court's decision in Badshah v. Urmila, held that a husband cannot take advantage of his own wrong. Since the petitioner concealed his first marriage, the respondent must be treated as a wife for the purpose of Section 125 CrPC. The court also referred to S. Sethurathinam Pillai v. Barbara and Chanmuniya v. Virendra Kumar Singh. The petition was dismissed, and the maintenance order was upheld.
Headnote
A) Criminal Law - Maintenance - Section 125 CrPC - Wife - Second Marriage - Concealment - The petitioner husband married the respondent wife while his first marriage was subsisting, without disclosing the first marriage. The respondent wife was kept in the dark. The court held that the husband cannot take advantage of his own wrong and deny maintenance. Following Badshah v. Urmila, the respondent wife is entitled to maintenance under Section 125 CrPC as she was unaware of the prior marriage. (Paras 5-10) B) Criminal Law - Maintenance - Section 125 CrPC - Wife - Definition - The term 'wife' under Section 125 CrPC includes a woman who was kept in the dark about the husband's prior marriage, as per the spirit of S. Sethurathinam Pillai v. Barbara and Chanmuniya v. Virendra Kumar Singh. The husband's concealment estops him from denying maintenance. (Paras 7-10)
Issue of Consideration
Whether a wife who was kept in the dark about her husband's first marriage is entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973, despite the marriage being void due to the subsistence of a prior marriage.
Final Decision
Petition dismissed. Orders of maintenance dated 31.3.2017 and 19.8.2017 upheld.
Law Points
- Section 125 CrPC
- maintenance
- wife
- second marriage
- concealment
- estoppel
- Badshah v. Urmila
- S. Sethurathinam Pillai v. Barbara
- Chanmuniya v. Virendra Kumar Singh
