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PRAKASH CHANDRA GUPTA
KRISHNA, W/o. OMPRAKASH PACHOLI – Appellant
Versus
OMPRAKASH, S/O. HARINARAYAN PACHOLI – Respondent
ORDER :
(Prakash Chandra Gupta, J.)
This revision petition has been filed by the petitioner/ wife u/s 19 (4) Family Court Act 1984 (hereinafter referred as Act 1984) against the order dated 23/04/2022 passed by IInd Additional Principal Judge, Family Court, Indore M.P. in Miscellaneous Criminal case No. 1258/2021, whereby the application u/S 125 of Cr.P.C. filed by the petitioner/ wife has been dismissed.
2. Facts giving rise to this case are that petitioner/ wife was already married and one daughter namely Rakhi was born from the wedlock of the petitioner and her first husband. The respondent was also married and his first and second wives had died before. Therefore, around 25 years before the filing of maintenance application the respondent had married the petitioner, thus, the petitioner is legally wedded wife of the respondent. From the second wife of the respondent/ husband, two daughters and a son were born, who were looked after by the petitioner/ wife. The respondent/ husband had started to physically harass the petitioner/ wife after getting intoxicated and used to treat her as servant. On 18/08/2021, the respondent had got the petitioner out of his house after battering her
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.
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....
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.
Second marriage - Maintenance - Liability of - If wife makes a plea that she was not informed about previous marriage of her husband, that shall be of no avail - Purpose of claiming maintenance under....
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.
`(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 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....
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