The Supreme Court has given an important verdict, stating that under Section 125 of CRPC, a woman can claim maintenance from her second husband, even if her first marriage has not ended legally. The court clarified that the formal order of marriage disintegration is not mandatory. If the woman and her first husband are separated by mutual consent, then despite not having legal divorce, the woman will be entitled to maintain maintenance from her second husband.
Supreme Court argument
A woman had filed an appeal in the Supreme Court against the order of the Telangana High Court. The High Court refused to give her the right to maintenance to her second husband under Section 125 CRPC, as her first marriage did not end legally.
A bench of Supreme Court Justice BV Nagratna and Justice Satish Chandra Sharma admitted the woman’s appeal and gave relief to her.
Important remarks of the court:
- “Section 125 CRPC has no specific benefit of maintenance of maintenance under the CRPC, but it is a legal and moral duty of the husband.”
- “This section should be widely interpreted keeping in mind its social welfare objective.”
What was the matter?
- The woman married another person without taking a formal divorce from the first husband.
- The second husband was aware of the woman’s first marriage.
- Both of them lived like husband and wife, they also had a child, but later separated due to controversies.
- The woman demanded maintenance under Section 125 CRPC.
- The family court approved his petition, but the Telangana High Court rejected it.
Second husband’s side:
- He argued that the woman could not legally be his wife, as her first marriage was still valid.
- On this basis, he refused to maintain maintenance.
Why is the decision of the Supreme Court important?
- This decision has brought relief for women who are in complex marital conditions.
- Giving priority to social welfare, the court did not connect maintenance with legal technologies.
- This decision will be an example to strengthen women’s rights.
