Prayagraj, December 16: The Allahabad High Court has ruled that if a woman’s first marriage has not yet ended, she cannot claim maintenance from her cohabiting partner under Section 125 of the CrPC.
The court stated that even a long-term relationship like marriage does not confer the legal status of a ‘wife’ if she has not divorced her first husband.
Justice Madan Pal Singh said, “If a practice is allowed in society where a woman remains legally married to one man, yet lives with another man without consummating her first marriage, and then seeks maintenance from him, the purpose and sanctity of Section 125 of the CrPC will be defeated, and the institution of marriage will lose its legal and social integrity.”
The court made this observation while dismissing a revision petition filed by a woman. The petition challenged the trial court’s order dismissing her maintenance petition.
The petitioner claimed that she married the respondent in June 2009, after he stated that he had separated from his first wife through an agreement in August 2005. She stated that they lived together as husband and wife for approximately ten years, and that her status as his wife was recorded in government documents such as his Aadhaar card and passport.
She alleged that after ten years, in March 2018, she was subjected to cruelty and abandoned, forcing her to approach the court for maintenance. On the other hand, the respondent disputed her claim, stating that the petitioner was a distant relative and that there was no valid marriage between them. It was also stated that the petitioner had never divorced her first husband. Therefore, she could not seek maintenance from him, as she was legally the wife of another man.
Based on these arguments, the High Court examined the case records and found that the petitioner was already married. Although he filed a divorce petition, it was dismissed by default.
The court held that his first marriage was still valid in the eyes of the law. The court also noted that the defendant was also previously married to a woman, and that marriage had not been dissolved. According to Section 11 of the Hindu Marriage Act, a marriage contracted during the lifetime of a surviving spouse is ‘void ab initio’.
The court stated that since both parties were married to other individuals, their relationship could not create the legal status of husband and wife.
The court stated that the petitioner himself admitted that his marriage was still valid and that no divorce decree had been obtained.
The court dismissed the petition, upholding the trial court’s order dismissing the maintenance application.