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.

JUDGMENT :

Ram Manohar Narayan Mishra, J.

1. Heard learned counsel for the revisionists, learned counsel for the respondent no.2 and learned A.G.A. for the State.

2. Instant Criminal Revision has been directed against the judgment order dated 18.10.2023 passed by learned Additional Principal Judge, Family Court, Court No.3, Deoria in Maintenance Case No.551 of 2022, under Section 125 Cr.P.C. Whereby the application for maintenance filed by the applicants have been dismissed. The applicant No.1 Madhu Yadav claims himself to be wife of opposite party Gaurav Yadav and applicants No.2 and 3 are her minor children born out of her wedlock with previous husband Sriniwas.

3. The factual matrix of the case in brief are that the applicants moved an application under Section 125 Cr.P.C. before the Principal Judge, Family Court, Deoria dated 18.05.2022 with averments that applicant No.1 Madhu Yadav was initially married with Sriniwas, the elder brother of opposite party No.2, from whom she born two children namely Shiwangi and Shrayansh who were minor at the time of filing of maintenance application. The applicant No.1 contracted second marriage with her brother-in-law on 15.06.2020, after death of her husband, according to hindu rites and rituals. Her husband Gaurav was posted in police department at Azamgarh, and he took the applicants alongwith him at Azamgarh, where applicant No.1 lived with him alongwith her children and performed her matrimonial obligations. Her father had given sufficient cash and valuables in her second marriage with opposite party and his family members. However, they were not satisfied and started demanding Bullet Motorcycle, in view of non- fulfillment of demand of dowry they started harassing and beating applicant No.1. She was subjected to physical and mental cruelty by her second husband and in-laws. Opposite party used to threaten to contract remarriage with some other woman; he even contracted bigamous marriage with a girl namely Sangeeta with the consent of his family members. When she raised protest of remarriage of her husband, she was kicked out by opposite party and his family members alongwith her children on 22.11.2021. She went back to her parental home, she visited her husband’s house alongwith her brother at his residence at Azamgarh, but he and his so called wife turned her out from their residence. She any how, went back to her parental house after saving her life. A Panchayat was also convened to reconcile the matter of matrimonial discord, but of no avail. Applicant is not a skilled woman, she is not able to maintain herself and her minor children. Her husband is posted as Constable in U.P. Police, whose P.I. No.152052445, he is posted at Police Line, Azamgarh. He is able to maintain the applicants. His monthly salary is around Rs.70,000/- he also possesses agricultural land, from which he earns Rs.2 lakh annually.

4. The applicants prayed for providing Rs.30,000/- as maintenance to applicant No.1 and Rs.15,000/- to each of her minor children. Learned court below issued summon to opposite party Gaurav Yadav who appeared and file his written statement in the present case in which he admitted that applicant No.1 was married with his brother Sriniwas according to hindu rites and rituals an