Court Upholds Legal Definition of "Wife" Under Section 125 Cr.P.C., Denying Maintenance for Void Marriages
In a landmark decision, the Rajasthan High Court, Jaipur Bench, presided over by Justice Anoop Kumar Dhand, rejected the maintenance plea of Smt. Guddi Bai in the case against Raghuveer, citing the legal definition of "wife" under Section 125 of the Criminal Procedure Code (Cr.P.C.). The judgment, dated April 27, 2026, reinforces the statutory limitations in providing maintenance to women in void marriages due to the subsistence of a prior marriage.
The case involved Smt. Guddi Bai seeking maintenance from Raghuveer, with both parties having prior marriages dissolved but not legally registering their own marriage. The court dismissed the petitioner's claim, emphasizing that Section 125 Cr.P.C. provides maintenance only to a "legally wedded wife." According to the judgment, a second wife whose marriage is void due to the subsistence of a first marriage does not qualify for maintenance under this provision.
Justice Dhand highlighted the social justice aspect of Section 125 Cr.P.C., which aims to prevent vagrancy and destitution among women and children. However, he noted that the section's applicability is constrained by the statutory definition of "wife," which does not extend to women in void marriages. The court expressed concern over the exploitation of women, especially those from poorer backgrounds, due to legal loopholes allowing offending parties to evade responsibility.
The judgment referenced multiple Supreme Court rulings, including the notable cases of Mohd. Ahmed Khan v. Shah Bano Begum and Savitaben Somabhai Bhatiya v. State of Gujarat, which have shaped the interpretation of "wife" for maintenance claims. While past judgments have attempted a broader interpretation of the term to include indigent close relatives, the court reaffirmed the need for legislative intervention to address inadequacies in the law.
The decision underscores the challenges faced by women in similar situations and suggests alternative remedies, such as seeking compensation under the Domestic Violence Act. The court's ruling reflects a balance between the current legal framework and the pursuit of social justice, urging legislative bodies to address the gaps that hinder achieving the intended objectives of Section 125 Cr.P.C.
Bottom line:-
Section 125 Cr.P.C. provides maintenance only to a "legally wedded wife." A second wife whose marriage is void due to the subsistence of the first marriage is not entitled to maintenance under this provision.
Statutory provision(s): Section 125 Cr.P.C.
Smt. Guddi Bai v. Raghuveer, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2892400
