Allahabad HC rules woman ineligible for maintenance if first marriage remains valid

"Even assuming a marriage ceremony was performed, the same would be void as the applicant's earlier marital tie continued to subsist. Thus, she cannot claim maintenance under Section 125 CrPC based on a long standing relationship," the high court said.

A bench of Justice Madan Pal Singh, while refusing to grant maintenance, observed, "If such a practice is permitted in society, where a woman continues to remain legally married to one man, yet resides with another without obtaining dissolution of the first marriage, and thereafter seeks maintenance from the latter, the very object and sanctity of Section 125 CrPC would stand diluted and the institution of marriage would lose its legal and social integrity."

Dismissing the revision petition, the court observed, "This court is of the view that although the revisionist resided with the opposite party for nearly 10 years and the relationship may appear akin to marriage, yet such cohabitation does not confer the legal status of a wife under Section 125 CrPC."

Earlier the counsel for the woman had contended that her name is recorded as wife of the person with whom she lived in her official documents including Aadhaar card and passport, and she has been socially acknowledged as his spouse.

It is submitted that later on, the man, along with his sons, subjected the woman to cruelty and harassment and deserted her and denied entry to the matrimonial home in March 2018, compelling her to file an application under Section 125 CrPC seeking maintenance.

The court in its judgement dated December 8 held that the woman does not fall within the ambit of a legally wedded wife for the purpose of Section 125 CrPC and therefore, her maintenance application was rightly rejected.