A Hindu Woman who is married after coming into force of the Hindu Marriage Act, 1955 to a Hindu male, having a lawfully wedded wife cannot maintain a claim for maintenance
Hindu Adoption and Maintenance Act, 1956, Section 18 – A Hindu Woman who is married after coming into force of the Hindu Marriage Act, 1955 to a Hindu male, having a lawfully wedded wife cannot maintain a claim for maintenance under Section 18 of the Hindu Adoption and Maintenance Act, 1956.
1998 SCeJ 003 (AP) (FB)
Whether a Hindu woman who is married after coming into force of the Hindu Marriage Act, 1955, to a Hindu male having a living lawfully wedded wife, can maintain an application for maintenance under Section 125 Cr.P.C
Section 5(i) of Hindu Marriage Act lays down, for a lawful marriage, the necessary condition is that neither party should have a spouse living at the time of the marriage. A marriage in contravention of this condition therefore, is null and void. The plea that the marriage should not be treated as void because such a marriage was earlier recognised in law and customs cannot be accepted. By reason of the over riding effect of the Act as mentioned in Section 4 no aid can be taken of the earlier Hindu Law or any custom or usage as a part of that Law inconsistent with any provision of the Act, such a marriage also cannot be said to be voidable by reference to Section 12. So far as Section 12 is concerned, it is confined to other categories of marriages, and it is not applicable to one solemnized in violation of Section 5 (i) of the Act.”
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“It is also to be seen that while the Legislature has considered it advisable to uphold the legitimacy of the paternity of a child born out of a void marriage, it has not extended a similar protection in respect of the mother of the child”
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“For the purpose of extending the benefit of the Section to a divorced woman and to an illegitimate child, the Parliament considered it necessary to include in the Section specific provisions to that effect, but it has not done so with respect to woman not lawfully married.”
1998 SCeJ 001
Whether a Hindu woman who is married after coming into force of the Hindu Marriage Act, 1955, to a Hindu male having a living lawfully wedded wife, can maintain an application for maintenance under Section 125 Cr.P.C
Mulla’s Hindu Law 14th Edition, page 687
While dealing with the claim of a woman for maintenance under Section 125 Cr.PC and such a woman being married to a married man whose wife was living at the time of her marriage, held that if the petitioner on the date of marriage with the claimant woman had already wedded wife, his marriage with the claimant woman is void under Section 11 of the Hindu Marriage Act and a marriage void ab initio does not alter or affect the status of parties nor does it create between them any rights and obligations which must normally arise from valid marriage and a void marriage is non-existent in the eye of law.
Bami Dharjha v. Chabbi Chalterji, AIR 1967 Pat. 217
While considering the status of a second wife who was married to a person while his first wife was living, held that a woman who is married to a party who has already living spouse cannot be treated as his spouse in the legal sense and such a second marriage is null and void and it docs not create any rights and obligations.
Pothula Manika Reddy v. Govt of A.P, rep. by the Special Tahsildhar, land Reforms, Ranga Reddy, 1978 (1) APLJ 360
