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2023-Oct-31
The Madhya Pradesh High Court holds that a woman is not entitled to maintenance under section 125 Cr PC from her second husband when she has not divorced her first husband.
The Madhya Pradesh High Court rejected a Revision Petition by a wife who had claimed maintenance from her second husband before the family court which had also rejected the wife's contention. The family court had rejected her plea on the ground that the wife had failed to prove that she being the legal wife of the respondent/husband was liable to receive the maintenance.
The Court further observed that:
"Section 125 Cr PC contemplates that an illegitimate child is entitled to get maintenance, however, an illegitimate wife is not entitled to get maintenance."
In view of this, observing that the wife should be a "legally wedded wife" for claiming maintenance from her husband, the Court said that since in the case at hand, as the petitioner could not get a divorce from her earlier husband, she would not be entitled to get maintenance from her second husband/petitioner. With this, her plea was dismissed.
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