LI Network
Published on: 24 August 2023 at 19:37 IST
The High Court of Madhya Pradesh at Indore recently rendered a verdict in a case centered around maintenance claims arising from a second marriage.
The case, titled “Smt. Sangeeta Rathore vs. Naresh Rathore,” involved Smt. Sangeeta Rathore’s pursuit of maintenance under Section 125 of the Code of Criminal Procedure (Cr. P.C).
Smt. Sangeeta Rathore contended that her marriage to Naresh Rathore, solemnized under Hindu rites and rituals, entitles her to maintenance due to the alleged harassment endured during the marriage. However, the Family Court dismissed her application, asserting that she failed to establish herself as the “legally wedded wife” of Naresh Rathore.
Justice Prem Narayan Singh, in a recent judgment dated August 17, 2023, upheld the Family Court’s decision.
The judgment provided a meticulous legal interpretation of the term “wife” as delineated in Section 125 of the Cr.P.C.
The judge underscored that the law aims to grant maintenance exclusively to a “legally wedded wife.” Importantly, this provision does not encompass scenarios wherein a woman enters a second marriage without legally terminating her first marriage.
Justice Prem Narayan Singh stated, “The legislature’s intent is unmistakable: maintenance can only be awarded to a legally wedded wife. A woman who enters a second marriage is entitled to maintenance from her second husband only when her first marriage has been annulled or she has acquired a divorce decree from her initial husband.”
The judgment referred to legal precedents and engaged with the concept of maintenance in the context of a second marriage. While acknowledging the petitioner’s reference to the Santosh (Smt) vs. Naresh Pal case, the court highlighted the disparity between the cases.
In the present case, the petitioner had not obtained a divorce from her first husband.
The court’s ruling underscored the significance of the term “legally wedded wife,” ultimately concluding that the petitioner cannot seek maintenance from her second husband, Naresh Rathore, since her first marriage remains undissolved.
