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VIBHA KANKANWADI
Vijayalaxmi Ashok Pande – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
1. Present application has been filed invoking the inherent powers of this Court under Section 482 of the Code of Criminal Procedure to challenge the order of issuance of notice dated 10.11.2021 by the learned Judicial Magistrate First Class, Sillod, Dist. Aurangabad and also for quashing and setting aside the proceedings in Criminal Miscellaneous Application No.586 of 2021 under Section 125 of the Code of Criminal Procedure before the said Court.
2. Applicant No.1 is the mother of applicant No.2, applicant No.3 is the husband of applicant No.2 and son-in-law of applicant No.1. The respondent No.2 has filed application for getting maintenance under Section 125 of the Code of Criminal Procedure against the present applicants.
3. Heard learned Advocate Mr. S. B. Rajebhosale for applicants, learned APP Mr. S. P. Sonpawale for respondent No.1 - State and learned Advocate Ms. Mayuri G. Kasturkar for respondent No.2.
4. It has been vehemently submitted on behalf of the applicants that the respondent No.2 contends that she got married to Rahul Ashok Pande, who was the son of present applicant No.1 and brother of applicant No.2, on 10.02.2016. Said Rahul Ashok Pande expired on 06.06.2
A widowed daughter-in-law is not entitled to maintenance under Section 125 of the Code of Criminal Procedure when claiming against her in-laws.
Strict proof of marriage is not necessary for maintenance under section 125 of the Code of Criminal Procedure, and the presumption of cohabitation as husband and wife is strong.
The judgment establishes the principle that Maintenance claims must be supported by evidence and cannot be used as a tool for abuse of process of Law.
A second marriage is void if the first is not dissolved; thus, a second wife cannot claim maintenance unless legally recognized under Section 125, Cr.P.C.
Point of law: in the absence of material to show that the respondent's alieged first marriage with Smt. Prameela said to have taken place in 1974 was to the knowledge of the petitioner in the Family ....
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