Court decides woman's plea for alimony in 21 yrs, rues delay

The court's order came on the plea by a Chirag Delhi resident woman, married in 1987 to an erstwhile Delhi Electricity Supply Undertaking contractor, who already had his first wife living.

In her plea, the woman said she came to know of the man's first marriage two years later after the birth of her daughter in 1989. Since then she had been living separately from him as he had also begun to torture her for bringing insufficient dowry.

"Considering the admission of the woman in light of the law laid down by the apex court, she cannot be considered as legally wedded wife for the purpose of granting maintenance to her as she does not fall within the definition of "wife" as envisaged in section 125 CrPC. Therefore, she is not entitled to any maintenance in the present case," the court said.

However, Metropolitan Magistrate Priya Mahendra asked the man to pay Rs 1,000 as maintenance to the daughter, born to his second wife, saying even an illegitimate child has a right to claim maintenance from his/her father under Section 125 of CrPC.

The judge, while pronouncing the order, cited the apex court's judgment that marriage of a woman in accordance with Hindu rites and ceremonies with a man already having a living spouse is a complete nullity in the eye of law and she is not entitled to get benefit of maintenance.

The law also says that even if the woman, at the time of marriage, was not aware of the man's first marriage and first wife, still she is not entitled for maintenance.

Pointing out that Section 125 of the CrPC was enacted to provide quick relief of maintenance to wives, children and parents, the magistrate said, "I am constrained to note herein my deep anguish. The present petition under Section 125 CrPC was filed in the year 1990. Ironically, it came to be decided after 21 long years.

"This case is the classic case to show the delays inherent in our present judicial system. The wife and the child are finally delivered justice after fighting a legal battle for 21 years," said the magistrate.