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New Delhi: 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. The bench of V. Nagratna and Justice Satish Chandra Sharma said that the objective of social welfare provisions like alimony should be extensively interpreted 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), has taken effect from July 1, 2024. The apex court had ordered the second husband to give alimony to his wife living his separate wife.
The woman separated from her first husband in 2005
The court was hearing a woman’s petition, which was separated from her first husband after signing a consent letter in 2005, although no formal legal order of divorce was received. The woman was later 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 got married again, which was registered in Hyderabad.
Second husband challenged demand for alimony
Both had a daughter in January 2008. However, differences arose between the couple again and the woman lodged a complaint against the other husband and her family members under the Dowry Prohibition Act. Subsequently, the woman demanded a living allowance under Section 125 of the CRPC for herself and her daughter, which was accepted by the Family Court, but the Telangana High Court rejected the order after the other husband challenged it.
In her appeal, the second husband argued that the woman cannot be considered as her legal wife as her first marriage is still legally maintained. Rejecting the argument of the second husband, the apex court quashed the High Court order and restored the decision given for alimony. (With language inputs)
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