1991 (3) TMI 405 - SC - Indian Laws

Summary

Issues: Validity of marriage, Maintenance under Section 125 of CrPC

Validity of Marriage:
The case involves a dispute regarding the validity of the marriage between the appellant and the respondent, who had earlier married another woman named Veeramma. The High Court set aside the maintenance awarded to the appellant based on the belief that the first marriage with Veeramma was subsisting when the respondent married the appellant. The appellant contested this decision, arguing that there was no clear admission of the first marriage's validity, and the respondent failed to provide sufficient evidence to prove the subsistence of a valid marriage with Veeramma when marrying the appellant.

The Supreme Court analyzed the evidence presented, including an insurance policy and a family identity card, which indicated the respondent's association with Veeramma. However, the Court emphasized that these documents alone were not conclusive proof of a valid marriage between the respondent and Veeramma. The Court highlighted that the burden of proving the subsistence of a legal and valid first marriage rested on the respondent, especially in cases involving maintenance under Section 125 of the CrPC. The Court concluded that the respondent had not met this burden, and thus, the appellant was entitled to maintenance despite the allegations of being a second wife in an invalid marriage.

Maintenance under Section 125 of CrPC:
Section 125 of the CrPC aims to prevent vagrancy and destitution by providing support to neglected wives. The term 'wife' under this section includes women who have been divorced or have not remarried. However, a second wife in a void marriage due to the survival of the first marriage is not entitled to maintenance under this provision unless the husband proves the subsistence of a legal and valid first marriage. The Court emphasized that the provision in the CrPC is a measure of social justice to protect women and children, requiring strict proof of the earlier marriage when a husband disputes the neglected wife's status.

In this case, the Court found that the appellant, who was married to the respondent in the customary form, was entitled to maintenance as the respondent failed to prove the validity of his first marriage with Veeramma. The Court reinstated the magistrate's order awarding maintenance to the appellant, as the respondent did not demonstrate that the appellant could support herself or that the awarded amount was unreasonable.

In conclusion, the Supreme Court allowed the appeal, overturned the High Court's decision, and reinstated the trial court's order, emphasizing the importance of proving the validity of a first marriage in cases involving maintenance under Section 125 of the CrPC to ensure social justice and protection for neglected wives.