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S. G. CHATTOPADHYAY
Suparna Saha (Bardhan) – Appellant
Versus
Subhendu Bardhan – Respondent
| Table of Content |
|---|
| 1. marriage during subsistence of a former marriage is void. (Para 2 , 6) |
| 2. evidence of marriage and familial relationships established. (Para 3 , 8 , 10) |
| 3. interpretation of 'wife' under section 125 cr.p.c. (Para 12 , 14) |
| 4. legal voidness of marriage affects maintenance claims. (Para 15 , 18) |
JUDGMENT
1. Petitioner Smt. Suparna Saha (Bardhan) has, hereby, challenged the judgment and order dated 26.02.2021 passed by the Additional Judge, Family Court, Agartala, West Tripura in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (Cr.P.C hereunder) denying maintenance allowance to the petitioner on the ground that she was not the legally married wife of the respondent since she married him during the subsistence of her past marriage with one Dulal Chandra Saha.
2. The facts relevant for disposal of this criminal revision petition may be stated as under:
Petitioner Suparna Saha (Bardhan) married Dulal Chandra Saha in the year 1996 in accordance with the Hindu rites and customs. A daughter and a son were born to them within their wedlock. Said Dulal Chandra Saha, husband of the petitioner left home on 12.07.2012 deserting his petitioner wife and children.
A marriage contracted during the subsistence of a prior valid marriage is null and void, disqualifying the parties from claiming maintenance under Section 125 Cr.P.C.
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.
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.
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....
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....
A wife must demonstrate sufficient reason to refuse cohabitation with her husband to be entitled to maintenance under Section 125 of the Cr.P.C.
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....
Strict proof of marriage is not necessary for maintenance under section 125 of the Code of Criminal Procedure, and the presumption of cohabitation as husband and wife is strong.
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