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Whether invalidity of marriage can be pleaded in maintenance proceedings by a person, who knowingly married a woman who is not legally divorced?

Team SoOLEGAL 19 Feb 2021 3:10pm

Whether invalidity of marriage can be pleaded in maintenance proceedings by a person, who knowingly married a woman who is not legally divorced?

Chhattisgarh High Court stated that if a man marries a woman after knowing that she had not been legally divorced from her previous husband then the man cannot file a plea for invalidity of marriage maintenance proceedings under Section 125 of Cr.P.C.

The Court stated this case was moved to the High Court after the Family Court rejected the plea for claiming maintenance of the woman after finding out that the woman had not divorced her previous husband legally and the second marriage is not valid.

Relying on the case of Motim Bai Borkar vs Arjun Singh Borkar[1] where the wife took divorce from her husband mutually and was legally divorced. In this particular case, even though the divorce did not happen under proper legal procedures, but the petitioner (the wife) and the respondent were staying as husband and wife and that this kind of a relationship can be counted as under the clause of Section 125 of Cr.P.C. and the second husband of the petitioner had married her even after knowing that she was not divorced from her first husband in proper legal manner.

After relying on this, the Judge stated that the applicant could not produce any document to the Court to prove whether it was possible for the applicant to pay maintenance or not and the respondent is an able-bodied person and quite capable to earn his own livelihood for living and that he can give an amount from that earning as maintenance.



Tagged: legally divorced   Chhattisgarh High Court   Family Court   second marriage   legal procedures   Divorce cases  
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