Bajirao Raghoba Tambre vs Miss Tolanbai : 1980 Cri.L.J. 473 : 1979 Mah.L.J. 693 : 1980 MLR 194 : 1979 LRC Online 1 (Bom)
Section 125-Maintenance to second wife-Entitlement-second wife, whose marriage is void in view of the provisions of sections 5 and 11 of the Hindu Marriage Act, is not entitled to apply for maintenance under section 125 CrPC-marriage of the respondent with the petitioner which admittedly contravenes conditions in Clause (i), of section 5 is null and void in its inception and it does not confer the status of a legally wedded wife to enable her to make an application under section 125 of the code-Even no assistance can be derived from interpretation of s. 25(1) of the Hindu Marriage Act in construing s. 125 of CrPC -Application of first respondent for maintenance stands rejected-Petition allowed.