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PREM NARAYAN SINGH
Manjubai – Appellant
Versus
Padamsingh – Respondent
| Table of Content |
|---|
| 1. petitioner seeks maintenance under cr.p.c. (Para 1 , 2) |
| 2. arguments over marital status affecting maintenance claim. (Para 3 , 4) |
| 3. legal implications of prior marriage on maintenance entitlement. (Para 6 , 7 , 8) |
| 4. clarification on definition of 'wife' under section 125 cr.p.c. (Para 9 , 10 , 11 , 12 , 13) |
| 5. court affirms family court's order denying maintenance. (Para 14 , 15) |
ORDER
1. This criminal revision has been filed by the petitioner under section 19(4) Family Court Act, 1984 read with section 397/401 of the Code of Criminal Procedure, 1973 being crestfallen by the order dated 5.8.2022 passed by the learned Principal Judge, Family Court, Neemuch in M.J.C. No. 52/2018, whereby the learned Family Court has rejected the application filed under section 125 of Cr.P.C on the ground that applicant/wife has failed to prove that she being the legal wife of the respondent/husband is liable to receive the maintenance and awarded the maintenance of Rs.5000/- per month to daughter Nisha till the attaining the age of majority or till her marriage.
2. The fact in brief are that the petitioner filed an application under Section 125 of Cr.P.C. for grant of maintenance and
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.
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 main legal point established in the judgment is that the purpose of section 125 of Cr.P.C. is to prevent vagrancy and destitution, and it is a measure of social justice to protect women and child....
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