Maintenance to Wife -- Concealment of Subsisting First Marriage -- Second wife not entitled to maintenance under S.125 CrPC
(i) Criminal Procedure Code, 1973, S.125 -- Maintenance to Wife -- Concealment of Subsisting First Marriage -- Bars a claim for maintenance from the second husband where the marriage is annulled as void under Section 11 of the Hindu Marriage Act, 1955, for contravening Section 5(i). Concealment of the earlier subsisting marriage introduces an element of deceit, and a party cannot take advantage of own wrong. The beneficial and secular character of Section 125 CrPC does not extend to a claimant who has acted deceitfully. (ii) Criminal Procedure Code, 1973, S.125 -- Maintenance to Wife -- Short Duration of Cohabitation -- Does not qualify as a live-in relationship entitling a woman to maintenance where cohabitation lasted only slightly over three months. A live-in relationship in the nature of marriage requires parties to have lived together as husband and wife for a reasonably long period. Cohabitation of a few months, followed by litigation between the parties, does not meet this threshold.
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