Maintenance to Wife -- Subsisting Earlier Marriage of Wife -- Objection alone cannot defeat claim where parties lived as husband and wife for considerable period
(i) Criminal Procedure Code, 1973, S.125 -- Maintenance to Wife -- Subsisting Earlier Marriage of Wife -- A woman can claim maintenance from her second husband even where her earlier marriage has not been dissolved by decree of divorce, if she stands de facto separated from the first husband, derives no rights from the first marriage, and the second husband entered the relationship aware of these circumstances. This objection alone cannot non-suit a woman seeking maintenance where the nature and duration of the relationship justify the claim. (ii) Criminal Procedure Code, 1973, S.125 -- Maintenance to Wife -- Educational Qualification and Employment of Wife -- Entitlement to maintenance is determined on the basis of actual means and circumstances of the parties and the statutory parameters governing the claim. That the wife is educated and has worked as a teacher does not by itself disentitle her to maintenance. (iii) Criminal Procedure Code, 1973, S.125 -- Maintenance to Wife -- Earlier Petition Dismissed in Default -- Dismissal of an earlier maintenance petition in default, without adjudication of the substantive claim on merits, does not operate as a bar to a fresh claim on the same cause of action.
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