Add your promotional text...
A second wife may be entitled to maintenance from her husband in certain situations, but the entitlement depends on the validity of the marriage.
Even if the second marriage is invalid under law, courts have held that a second wife may still be entitled to maintenance if she was unaware of the husband’s existing marriage at the time of their wedding. The courts recognize that such a wife should not suffer for the husband’s deceitful actions
Under Section 125 of the Criminal Procedure Code (CrPC), maintenance can be claimed by a wife, including a second wife, under certain circumstances. The primary goal of Section 125 is to provide financial relief to neglected dependents, including wives, children, and parents.
Entitlement of a Second Wife to Maintenance
1. Validity of the Marriage:
- Generally, for a woman to claim maintenance under Section 125, her marriage must be legally valid. This means that if the second marriage is void due to the existence of the first wife, she may not have a straightforward claim.
- However, courts have evolved a compassionate interpretation in cases where the second wife was unaware of the first marriage. In such situations, even though the marriage is technically invalid, the court may still grant maintenance to prevent the second wife from suffering due to the husband's deceit.
2. Landmark Judgments:
- In Badshah v. Urmila Badshah Godse (2014), the Supreme Court ruled that a second wife is entitled to maintenance if she entered into the marriage unaware of her husband's subsisting first marriage. The court emphasized that the purpose of Section 125 is to prevent destitution, and the second wife, having been deceived, should not be punished for the husband's wrongful actions.
- In Yamunabai Anantrao Adhav vs. Anantrao Shivram Adhav (1988), the court held that an invalid marriage (due to the existence of a prior marriage) does not entitle the woman to maintenance. However, later judgments have made exceptions, focusing on the second wife's lack of knowledge about the husband's prior marriage.
3. Key Legal Principle:
The courts have emphasized the principle of social justice and the purpose of Section 125, which is to prevent vagrancy and ensure that a wife who is financially dependent is provided for. If the second wife has entered into the marriage in good faith, believing the marriage to be valid, she may be awarded maintenance, despite the technical invalidity of the marriage.
Conclusion:
While a second wife’s entitlement to maintenance under Section 125 CrPC hinges on the validity of the marriage, courts have shown flexibility in cases where the second wife was unaware of the husband's previous marriage. The law seeks to protect women from destitution, especially in cases where they have been misled or deceived by their husbands.