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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
M.M.NERLIKAR
Gokul Yashwant Gopnarayan – Appellant
Versus
Sangeeta Gokul Gopnarayan – Respondent
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 3rd 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 t
`(1) Only a legally wedded wife can claim maintenance under Section 125 of Cr.P.C.(2) Decree of divorce can only be granted by Court and divorce by agreement is not valid in eyes of law.
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.
The main legal point established in the judgment is that a woman in the position of the petitioner, as the second wife, is entitled to maintenance under Section 125 of Cr.P.C. even if the husband sup....
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....
Point of Law : The principles of Hindu Personal Law have developed in an evolutionary way out of concern for all those subject to it so as to make fair provision against destitution. The manifest pur....
A divorced wife is entitled to maintenance under Section 125 of the Cr.P.C., ensuring no financial hardship due to marital dissolution without just cause.
In maintenance proceedings under Section 125 Cr.P.C., strict proof of marriage is not required; a prima facie view of marital status suffices for claims of maintenance.
Term ‘wife’ in Section 125 of Code of Criminal Procedure, includes a woman who has been divorced by a husband or who has obtained a divorce from her husband and has not remarried.
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.
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