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PREM NARAYAN SINGH
Rajkumar Agrawal – Appellant
Versus
Sarika – Respondent
ORDER
1. This criminal revision has been filed by the petitioner under section 19(4) of the Code of Criminal Procedure, 1973 being crestfallen by the order dated 7.1.2020 passed by the learned Principal Judge, Family Court, Indore in M.J.C. No. 813/2017, whereby the learned Family Court has awarded the maintenance of Rs.27,000/- in favour of respondent/Sarika from the date of order i.e. 7.1.2020.
2. The facts in brief are that the marriage was solemnized between petitioner and respondent on 13.7.2013. Before this marriage, the respondent No. 1 had been married with one Manish Gupta at Khargone. Manish Gupta was a government servant. When respondent No. 1 got pregnant and told her husband Manish Gupta, he disclosed that he has already married, his wife name is Naveena Sutar, so the marriage between them is illicit. The respondent No. 1 gave birth a son namely Prakhar/respondent No. 2. Her husband Manish Gupta abandoned her saying that “nothing is remained to be continued between us, I took marriage with her with my interest”. Meanwhile, brother of the respondent No. 1, uploaded information regarding respondent No. 1/wife and respondent No. 2/Son on internet.
3. On that information,
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.
A second marriage is void if the first marriage is still valid, and only a legally wedded wife is entitled to maintenance under Section 125 of Cr.P.C.
`(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.
Maintenance can be awarded only to a wife who is unable to maintain herself. The Court has to find out what is required by the wife to maintain a standard of living which is neither luxurious nor pen....
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.
A wife living in adultery is disqualified from claiming maintenance under Section 125 Cr.P.C., requiring proof of a continuous adulterous relationship.
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