Woman Can Claim Maintenance from Second Husband Even If First Marriage Was Not Legally Dissolved: Supreme Court

Court Affirms Broad Interpretation of Section 125 Cr.P.C.

The Supreme Court ruled that a woman can claim maintenance from her second husband under Section 125 Cr.P.C., even if her first marriage was not legally dissolved. The Court emphasised that a formal divorce decree is not mandatory if the woman and her first husband mutually separated.
A bench of Justices B.V. Nagarathna and Satish Chandra Sharma overturned the Telangana High Court’s decision, which had denied maintenance to the woman. The Court upheld the Family Court’s earlier ruling, granting her maintenance.

Right to Maintenance Is a Legal and Moral Duty

The Court stated that maintenance under Section 125 Cr.P.C. is not a benefit for the wife but a legal and moral duty of the husband. It called for a broad interpretation of the law, considering its social welfare objective.
“Two key facts must be considered. First, the second husband knew about the woman’s first marriage when he married her. Second, the woman had a separation agreement with her first husband, showing they were not living together and she was not receiving maintenance from him.”

Case Background

The woman married her second husband without obtaining a formal divorce from her first husband. The second husband was aware of her first marriage. They lived together, had a child, and later separated due to disputes.
She sought maintenance under Section 125 Cr.P.C., which the Family Court granted. However, the Telangana High Court later set aside the order, stating her marriage was void due to the subsistence of her first marriage.

Court’s Key Observations

1. No Legal Bar on Maintenance from Second Husband
   The Court ruled that Section 125 Cr.P.C. does not prevent a woman from claiming maintenance from her second husband, even if her first marriage was not legally dissolved.
2. Second Husband Cannot Deny Responsibility
3. The second husband was aware of her first marriage and still chose to marry her twice. He cannot now deny her maintenance using this as an excuse.
4. Mutual Separation Valid Even Without Formal Divorce
5. The woman had a memorandum of understanding (MoU) of separation with her first husband. Although not a legal divorce, it proved that they had dissolved their marital ties and lived separately.
6. Supreme Court Restores Maintenance Order
7. The Court cited Mohd. Abdul Samad vs. State of Telangana and Another to highlight the financial vulnerability of homemakers. It reiterated that maintenance is a legal right, not just a privilege.
8. The Supreme Court allowed the appeal and restored the Family Court’s order, ensuring the woman receives maintenance from her second husband.