VIMALA (K) VS. VEERASWAMY (K) [(1991) 2 SCC 375]

VIMALA (K) VS. VEERASWAMY (K) [(1991) 2 SCC 375]

A three- Judge Bench held that:

  • •Section 125 of the Code of 1973 is meant to achieve a social purpose and the object is to prevent vagrancy and destitution. Explaining the meaning of the word `wife' the Court held: "the object is to prevent vagrancy and destitution”.
  • • The term `wife' in Section 125 of the Code of Criminal Procedure, includes a woman who has been divorced by a husband or who has obtained a divorce from her husband and has not remarried.
  • • The woman not having the legal status of a wife is thus brought within the inclusive definition of the term `wife' consistent with the objective.
  • • However, under the law a second wife whose marriage is void on account of the survival of the first marriage is not a legally wedded wife, and is, therefore, not entitled to maintenance under this provision."