Bombay High Court Upholds Maintenance Rights for Second Wife: “Respondent Cannot Deny Maintenance, Taking Advantage of His Own Wrong”

In a landmark judgment, the Bombay High Court has reinforced the rights of women seeking maintenance in disputed marital scenarios. The court, presided over by Justice Rajesh S. Patil, delivered a significant verdict in the case of Mrs. Alka Bhausaheb Bhad vs. Mr. Bhausaheb Ramrao Bhad and Another, emphasizing the legal interpretation of ‘wife’ under Section 125 of the Cr.PC.

The petitioner, Mrs. Alka Bhausaheb Bhad, had approached the court challenging the decision of the Sessions Court, Niphad, which had set aside an earlier order by the J.M.F.C., Yeola, granting her maintenance. Mrs. Bhad claimed to be the second wife of the respondent, Mr. Bhausaheb Ramrao Bhad, and sought maintenance citing her marriage and the birth of their children.

In his ruling, Justice Patil stated, “Respondent cannot be allowed to deny the maintenance claim to the petitioner, taking advantage of his own wrong.” This observation came after a thorough analysis of the evidence presented, including school documents of the children and testimonies confirming the marriage.

The court referred to various Supreme Court judgments, including the notable cases of Badshah vs. Sou. Urmila Badshah Godse & Anr, Chanmuniya vs. Virender Kumar Singh Kushwaha, and Dwarika Prasad Satpathy vs. Bidyut Prava Dixit. These precedents played a crucial role in the decision, especially in interpreting the term ‘wife’ in the context of Section 125 of the Cr.PC.

Justice Patil’s judgment underlined the purpose of Section 125 Cr.PC, which is to prevent vagrancy and destitution by providing a speedy remedy for maintenance to wives, children, and parents. The court reinstated the maintenance order by the J.M.F.C., Yeola, directing the respondent to clear the outstanding maintenance amount within two months. Additionally, the petitioner was granted the liberty to file a fresh application for the enhancement of the maintenance amount.

This judgment marks a significant step in acknowledging the complexities surrounding marital relationships and the legal rights of women in maintenance claims, reinforcing the judiciary's role in upholding social justice.

Decided on : 14-12-2023

MRS. ALKA BHAUSAHEB BHAD @ ALKA DAGADU SHELKE Vs. MR. BHAUSAHEB RAMRAO BHAD AND OTHER