Maintenance--Second Wife--Absence of Divorce Decree of Second Wife her from Prior Marriage Does Not Defeat Entitlement Under Section 125 CrPC Where Husband Had Knowledge
The expression "wife" under Section 125 of the Code of Criminal Procedure must receive a liberal interpretation in furtherance of its social justice objective. A woman who has cohabited openly with a man as his wife is entitled to claim maintenance even in the absence of a formal divorce decree from a prior marriage, provided the husband was aware of the earlier marital status at the time of marriage. Section 125 CrPC being a beneficial provision enacted to protect women from vagrancy and destitution cannot be defeated by strict construction.
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