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by sayum
03 October 2026 9:56 AM
In a recent judgment, the High Court has affirmed the denial of maintenance to a woman who entered into a deceptive marriage with a married man. The case, [Case Name and Citation], highlights the complexities surrounding the interpretation of Section 125 of the Code of Criminal Procedure (Cr.P.C.) and the eligibility for maintenance under such circumstances.
The Court emphasized that the woman, who was already married to another man, failed to provide sufficient evidence of divorce or legal dissolution of her previous marriage. As per Sections 5 and 11 of the Hindu Marriage Act, 1955, a marriage may be solemnized between two Hindus only if neither party has a living spouse at the time of the marriage. In this case, the woman's existing marriage was still subsisting, rendering her subsequent marriage void.
The Court acknowledged the social justice objectives of Section 125 Cr.P.C. but concluded that the statutory provision does not encompass situations where both parties in an alleged marriage have living spouses. While sympathizing with the woman's position, the Court emphasized that its decision was based on the prevailing law and encouraged the woman to explore alternative remedies, such as seeking compensation under Section 22 of the Protection of Women from Domestic Violence Act, 2005.
This judgment serves as a reminder of the importance of establishing legal validity in marital relationships and the limitations on eligibility for maintenance under Section 125 Cr.P.C. The Court's decision highlights the need for legislative reforms to address the exploitation faced by women in such circumstances, especially those from economically disadvantaged backgrounds.
D.D-12th OF MAY, 2023
BHAGWANDAS vs PANPATI SHAH
