Smt. N. Usha Rani V. Moodudula Srinivas (2025 SC)
- In Badshah V. Urmila (2014 SC), maintenance u/s.125 CrPC was granted to a second wife (void marriage) who was kept in the dark about her husband’s first subsisting marriage.
- Issue of maintenance to women in live-in relationships already stands referred to a larger bench.
- Present case: the woman whose first marriage is subsisting, marries with second husband. She didn’t conceal this fact from the second husband. She also took an MOU of separation from first husband, separated from him, doesn’t take maintenance from him.
- SC held that, barring the absence of a legal decree of divorce, she is de facto separated from her first husband and is not deriving any rights/entitlements from first marriage. Hence, she is entitled to maintenance u/s. 125 CrPC from the second husband.