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B. V. NAGARATHNA, SATISH CHANDRA SHARMA
N. Usha Rani – Appellant
Versus
Moodudula Srinivas – Respondent
JUDGMENT :
SATISH CHANDRA SHARMA, J.
1. Leave granted.
2. The present appeal is arising out of order dated 13.04.2017 passed in Criminal Revision No. 1587 of 2012 by the High Court of Judicature at Hyderabad for the State of Telangana and State of Andhra Pradesh.
3. The facts of the case reveal that Appellant No.1 before this Court – Smt. N. Usha Rani married one Nomula Srinivas on 30.08.1999 at Hyderabad. During the period of their wedlock, she gave birth to a male child, namely, Sai Ganesh on 15.08.2000. The couple lived together until disputes arose between them. Following their return from the United States of America in February 2005, they began living separately. Eventually, on 25.11.2005, a Memorandum of Understanding (‘MoU’) was executed between the couple, dissolving their marriage. Meanwhile, Appellant No. 1 got acquainted with her neighbour, the Respondent, and the couple got married on 27.11.2005.
4. The Respondent then preferred a petition u/s.12 of the Hindu Marriage Act, 1956 (‘HMA’) r/w. Section 7 of the Family Courts Act, 1984 seeking dissolution of marriage dated 27.11.2005. The prayer was allowed by the Family Court, Hyderabad, in O.P. No. 29 of 2006 vide decree dated
(1) Maintenance – A woman is entitled to claim maintenance u/s. 125 Cr.P.C. from her second husband while her first marriage is legally subsisting but she is not deriving any rights and entitlements ....
The Court clarified that a second wife whose marriage is void due to the survival of the first marriage is not entitled to maintenance under Section 125 Cr.P.C. The Court emphasized the need for stri....
(1) Right to get maintenance embodies sacrosanct principles of social justice.(2) Liability to maintain is continuous, enforceable, and insulated from considerations of proprietary holdings, flowing ....
A broad interpretation of 'wife' under Section 125 Cr.P.C. is necessary, allowing claims based on cohabitation without formal marriage to ensure social justice and prevent destitution.
Once such presumption of a lawful marriage commenced to operate in favour of a marriage which has taken place in fact, such a presumption alone would be good enough to entitle the wife to maintain.
Maintenance can be granted under Section 125 Cr.P.C. based on a marriage-like relationship, without strict proof of marriage; primary focus is on neglect and economic capabilities.
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