The Supreme Court has said that a woman is entitled to receive alimony from her second husband under Section 125 of the Criminal Procedure Code (CRPC), even if her previous marriage is legally intact. Justice B.V. The bench of Nagratna and Justice Satish Chandra Sharma said that the purpose of social welfare provisions like alimony should be extensively explained and human objectives should not be affected due to strict legal interpretation.
Section 144 of the Indian Civil Protection Code, which came into effect from July 1, 2024 instead of Section 125 of the Criminal Procedure Code (CRPC). The Supreme Court had given the order of January 30, instructing the second husband to give alimony to his wife living his separate wife. The court was hearing a woman’s plea, which was separated from her first husband after signing a consent letter in 2005, although no formal legal order of divorce was received.
Later the woman was acquainted with her neighbor and both got married on 27 November 2005. After the differences, the second husband demanded the cancellation of marriage, which was approved by a family court in February 2006. Later, the two reconciled and they got married again, which was registered in Hyderabad. Both had a daughter in January 2008. However, differences arose between the couple again and the woman lodged a complaint against another husband and her family members under the Dowry Prohibition Act.
After this, the woman demanded an allowance for herself and her daughter under Section 125 of CRPC, which was accepted by the Family Court, but the Telangana High Court rejected the order after the other husband challenged it. Done.
In her appeal, the second husband argued that the woman cannot be considered as her legal wife because her first marriage is still legally maintained. Rejecting the argument of the second husband, the Supreme Court canceled the order of the High Court and restored the decision given for alimony.
& nbsp;