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The Supreme Court has said that a woman is entitled to receive alimony from her second husband under Section 125 of the Code of Criminal Procedure (CrPC), even if her previous marriage is legally subsisting. A bench of Justices B.V. Nagarathna and Satish Chandra Sharma said that the purpose of social welfare provisions like alimony should be interpreted broadly and the humanitarian purpose should not be affected due to strict legal interpretation. Section 125 of the Code of Criminal Procedure (CrPC) has been replaced by Section 144 of the Indian Civil Protection Code, which came into effect from July 1, 2024. The apex court had pronounced the order directing the second husband to pay alimony to his estranged wife.
The woman got separated from her first husband in 2005
The court was hearing a plea by a woman who had separated from her first husband after signing a consent form in 2005, though no formal legal order of divorce was received. The woman later met her neighbour and the two got married on November 27, 2005. Following differences, the second husband sought annulment of the marriage, which was granted by a family court in February 2006. The two later reconciled and remarried, which was registered in Hyderabad.
The second husband challenged the demand for alimony
The couple had a daughter in January 2008. However, differences cropped up between the couple again and the woman filed a complaint against the second husband and his family members under the Dowry Prohibition Act. Following this, the woman sought maintenance for herself and her daughter under Section 125 of the CrPC, which was accepted by the family court, but the order was quashed by the Telangana High Court after the second husband challenged it.
In his appeal, the second husband had argued that the woman cannot be considered his legal wife as his first marriage is still legally valid. Rejecting the second husband's argument, the apex court quashed the High Court order and restored the decision given for alimony.
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