The Supreme Court of India has ruled that a woman can claim maintenance from her second husband under Section 125 of the Criminal Procedure Code (CrPC), even if her first marriage has not been legally dissolved. This landmark decision underscores the court's commitment to upholding women's rights and addressing the social welfare objectives of Section 125 CrPC.

The case revolved around whether a woman could be considered eligible for maintenance from her second husband while her first marriage was still legally valid. The apex court clarified that a formal divorce decree is not mandatory in such cases. If the woman and her first husband have mutually agreed to separate and are no longer living as a married couple, the lack of a legal divorce does not bar her from seeking maintenance.

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The court stated:

"It must be borne in mind that the right to maintenance under Section 125 CrPC is not a benefit received by a wife but a legal and moral duty owed by the husband."

In the present case, Appellant No. 1, Smt. N. Usha Rani, had married the Respondent after separating from her first husband. Although her first marriage was not legally dissolved, the Respondent was fully aware of her prior marital status. The couple lived together, had a child, and later separated due to disputes.

Initially, the Family Court granted maintenance to the appellant. However, the High Court overturned this decision, stating that she could not claim maintenance as her first marriage was legally subsisting. The Supreme Court set aside the High Court's order and reinstated the Family Court's decision.

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The judgment authored by Justice Satish Chandra Sharma emphasized the following points:

Awareness of Prior Marriage: The Respondent knowingly married the appellant twice, despite being aware of her first marriage. This awareness negated his claim that the marriage was void.

De Facto Separation: The appellant had signed a Memorandum of Understanding (MoU) with her first husband, confirming their separation. Although not a legal divorce, this document demonstrated that the parties were living separately without any marital obligations.

Social Justice Objectives: The court reiterated that Section 125 CrPC must be interpreted broadly to protect the vulnerable, including homemakers who often lack financial independence. The court referred to previous judgments to stress that maintenance is a legal and moral duty aimed at preventing vagrancy and destitution.

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The court cited several important cases to support its ruling:

Rameshchandra Rampratapji Daga vs. Rameshwari Daga (2005): Maintenance was upheld for a wife under similar circumstances where the first marriage was not legally dissolved.

Chanmuniya vs. Virendra Kumar Singh Kushwaha (2011): The court highlighted the need for a broader interpretation of "wife" under Section 125 CrPC to include live-in partners and those in void marriages.

Badshah vs. Urmila Badshah Godse (2014): Maintenance was granted to a second wife who was misled about the subsistence of her husband’s first marriage.

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"An alternate interpretation would not only explicitly defeat the purpose of the provision by permitting vagrancy and destitution but would also give legal sanction to the actions of the Respondent in knowingly entering into a marriage with the appellant, availing its privileges but escaping its consequent duties and obligations."

This judgment has far-reaching implications for women's rights in India. It recognizes the financial vulnerability of homemakers and underscores the need for husbands to fulfill their moral and legal responsibilities, regardless of technicalities in marital status.

In conclusion, this ruling is a significant step toward ensuring social justice and empowering women who often face financial and emotional hardships due to unresolved marital disputes.