A second wife can claim maintenance under Section 125 of the Cr.P.C. even if her first marriage is allegedly subsisting, emphasizing social justice and protecting vulnerable individuals.

JUDGMENT :

M.M. NERLIKAR, J.

1. Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel for the parties.

2. The petitioner is challenging the judgment and order dated 27/08/2018 passed by the 3^rd Additional Sessions Judge, Akola, in Criminal Revision No.97/2019 and the judgment and order dated 25/04/2016 passed by the Judicial Magistrate First Class, Murtizapur, in Criminal Case No.216/2010, wherein the maintenance of Rs.4,000/- per month under Section 125 of the Code of Criminal Procedure, 1973, was granted to the respondent-wife herein.

3. Brief facts of the case are that:

The marriage between the petitioner and the respondent was solemnized on 03/06/2008 at Gram Panchayat Sonori, Taluqa Murtizapur, District Akola. The marriage between them is a second marriage as the first wife of the petitioner died due to cancer, so also, the husband of respondent, namely, Harish Goroba Shinde passed away. After one month of marriage, the petitioner started ill-treating and harassing the respondent, and therefore, a discord arose between them. It is alleged that the petitioner and his son- Rahul started abusing, harrasing and ill-treating her. The family members of the petitioner started beating her mercilessly, and also demanded Rs. 30,000/-. The respondents was driven out of house, therefore she was residing with her parents. Accordingly, on 08/12/2010, the respondent filed an application under Section 125 of the Cr.P.C against the petitioner bearing Miscellaneous Criminal Case No.216/2010 before the Judicial Magistrate First Class, Murtizapur. The petitioner contested the claim filed by the respondent by filing his Written Statement.

4. It appears from the record that during the pendency of the Miscellaneous Criminal Application No.216/2010, the petitioner filed Miscellaneous Criminal Case No. 54/2012 alleging that respondent herein committed offences punishable under Sections 420, 468, 471 read with Section 34 of the Indian Penal Code, 1860, and also Miscellaneous Criminal Case No.120/2012 for the offences punishable under Sections 420, 468, 471 read with Section 34 of the Indian Penal Code, 1860. In both these cases, allegation of forgery as well as using forged documents to avail the benefits of the Government schemes like Scholarship for daughter is alleged. In both these cases, the Magistrate proceeded under Section 202 of the Cr.P.C. and those proceedings are still pending in the Competent Courts. Even in those cases, issue process order was passed by the respective Courts after getting the enquiry report from the police.

5. After leading the evidence in Misc. Criminal Case No.216/2010, the learned Judicial Magistrate First Class was pleased to allow the application and granted maintenance of Rs.4,000/- to the respondent from the date of the application. Thereafter, the petitioner preferred Criminal Revision bearing No.97/2016. The said Criminal Revision was dismissed by the 3^rd Additional Sessions Judge, Akola on 27/08/2018, and therefore, against both these orders the petitioner has filed the present petition.

6. I have heard the learned counsel for the petitioner as well as the learned counsel for the respondent at length.

7. The learned counsel for the petitioner submits that the marriage between petitioner and respondent solemnized on 03/06/2008 is not in dispute, however, he submits that the marriage is a void marriage for the reason that the respondent had filed false and fabricated death certificate of her earlier husband, namely, Harish Shinde, before the Gram Panchayat, Sonori, where the marriage between the present petitioner and responden