1991 AIR SCW 754 ::(1991) MadLW(Cri) 235 ::(1991) 2 MahLR 466 ::(1992) MarriLJ 1 ::(1991) CriCJ 437 ::(1991) 2 CriLC 364 ::1991 ChandLR(Civ&Cri) 492 ::1991 UJ(SC) 2 383 ::(1991) 2 HinduLR 186 ::1991 SCC (Cri) 442 ::1991 (2) SCC 375 ::(1991) Mad LJ(Cri) 456 ::(1991) 3 RecCriR 639 ::1991 All CJ 2 827 ::1991 CriLR(SC MAH GUJ) 434 ::(1991) 1 AllCriLR 753 ::(1991) 17 All LR 466 ::1991 CalCriLR 113 ::(1991) 1 Crimes 828 ::(1992) 2 ChandCriC 16 ::(1991) EastCriC 302 ::(1991) 1 Guj LH 380 ::(1991) IJR 404 (SC) ::(1993) MatLR 88 ::(1991) 2 Ker LJ 162 ::(1991) 1 SCR 904 (SC) ::(1991) 1 DMC 518 ::(1991) 2 JT 182 (SC) ::(1991) SC Cr R 606

Supreme Court Of India

Hon'ble Judge(s): A. M. Ahmadi, V. Ramaswami, M. Fathima Beevi , JJJ

Criminal P.C. (2 of 1974) , S.125— Maintenance - Resistance by husband - Ground, marriage void on account of subsistence of his earlier marriage - Court in such cases should insist on strict proof of earlier marriage by husband - Entries in insurance policy and family identity card issued by employer of husband - Not conclusive proof of marriage.Marriage - Proof - Entries is Insurance Policy or Family Identity Card issued by employer - Not conclusive. Decision of High Court, Reversed. When an attempt is made by the @page-SCW755 husband to negative the claim of the neglected wife depicting her as a kept mistress on the specious plea that he was already married, the court should insist on strict proof of the earlier marriage. S.125 of the Code of Criminal Procedure is meant to achieve a social purpose. The object is to prevent vagrancy and destitution. Consistent with this objective even the woman not having the legal status of a wife is brought within the inclusive definition of term 'wife'. However, under the law a second wife whose marriage is void on account of the survival of the first marriage is not a legally wedded wife and is, therefore, not entitled to maintenance under this provision. Therefore, the law which disentitles the second wife from receiving maintenance from her husband under S.125, Cr. P.C., fo....