Raj Rani v. Om Kumar Kaushik : (2018) 2 RCR(Cri) 345 : (2018) 2 DMC 550 : (2018) 2 HLR 367 (2018) 2 CriCC 531 : (2018) 2 RCR(Civil) 192 : (2018) 2 CivCC 359 : (2018) 2 JCC 813 : 2018 (2) LRC 648 (P&H)
Section 125----Denial of interim maintenance----Revision----Petitioner being the second wife of respondent who married the respondent with full knowledge that his first wife was still alive and no divorce has been granted, will not entitled to maintenance----Second wife may have recourse under another statute but not maintenance under Section 125 of CrPC----Petition dismissed
The Supreme Court in Yamunabai Anantrao Adhav Vs Anantrao Shivram Adhva (1988) 1 SCC 530 and in Savitaben Somabhai Bhatiya versus State Of Gujrat (2005) 5 SCC 636 has held that a Hindu lady who married after coming into force of the Hindu Marriage Act 1955, with a person who had a living lawfully wedded wife, cannot be treated to be the legally wedded wife. It is only in the exception where the second marriage takes place while keeping the second wife in dark about the subsistence of the first marriage, that maintenance has been allowed as in the case of Badshah (supra). Therefore, the petitioner herein being the second wife of respondent who married the respondent with full knowledge that his first wife was still alive and no divorce had been granted, will not be entitled to maintenance. She may have recourse under another statute but not maintenance under Section 125 of the Code.