Second wife may be entitled to maintenance from her husband

Under Section 125 of the Criminal Procedure Code (CrPC), a second wife may be entitled to maintenance from her husband in certain situations, but the entitlement depends on the validity of the marriage. Here's a legal analysis:

Key Legal Points on Maintenance for Second Wife under Section 125 CrPC:

1. Validity of the Marriage:

Section 125 CrPC aims to provide financial support to wives, children, and parents to prevent destitution. A legally valid marriage is typically required for a wife to claim maintenance. In cases where a second wife seeks maintenance, courts first examine whether the marriage is valid under personal law:

- Hindu Law: Bigamy (having more than one wife) is prohibited under the Hindu Marriage Act, 1955. Therefore, if the husband’s first marriage is still legally valid, the second wife may not be considered a "lawfully wedded wife" and may be ineligible for maintenance.

- Muslim Law: Muslim men are allowed to have up to four wives under Islamic law. In such cases, a second wife is considered lawfully wedded and may be entitled to maintenance under Section 125 CrPC.

2. Good Faith and Knowledge of First 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. This principle was upheld in cases like Badshah vs Urmila Badshah Godse (2014), where the Supreme Court ruled that a second wife, though not legally married, is entitled to maintenance if the husband concealed the fact of his first marriage from her.

3. Relevant Case Law:

• Yamunabai Anantrao Adhav vs Anantrao Shivram Adhav (1988): The Supreme Court held that a second wife whose marriage was void (due to the existence of the first wife) is not entitled to maintenance under Section 125 CrPC.

• Badshah vs Urmila Badshah Godse (2014): The Supreme Court granted maintenance to the second wife on humanitarian grounds, recognizing that she had been deceived by her husband regarding the legality of the marriage.

4. Entitlement in Case of Deception:

The courts have taken a humanitarian approach, stating that even if the marriage is void due to bigamy, the second wife can still claim maintenance under Section 125 CrPC if she entered the marriage in good faith, without knowledge of the first marriage. This prevents women from being left destitute due to fraud by the husband.

Conclusion:

In general, a second wife is not entitled to maintenance if the marriage is void due to the subsistence of the husband’s first marriage, especially under Hindu law. However, if the second wife was unaware of the husband’s first marriage and entered the relationship in good faith, courts may grant her maintenance under Section 125 CrPC to ensure her financial security.

This approach balances legal principles with a commitment to social justice, preventing women from suffering financially due to deceit or bigamous marriages.

For more case references, you can explore judgments like Badshah vs Urmila Badshah Godse and Yamunabai vs Anantrao.