Woman Can Claim Maintenance From Second Husband Despite Existing First Marriage: Supreme Court

The Supreme Court ruled that a woman can claim maintenance under Section 125 CrPC from her second husband even if her first marriage is legally subsisting. 

The case involved a woman who married a second man despite an existing marriage, with both parties aware of it. After separation, she sought maintenance.

The Court held that a formal divorce is not mandatory, especially when they lived together, emphasizing the social welfare objectives of Section 125 CrPC.

Overturning the High Court ruling, it stressed maintenance is a legal and moral duty, citing Mohd Abdul (2024) to prevent husbands from evading responsibility.