Whether paramour can claim maintenance U/S 125 of CRPC against kept mistress?
After reading Section 24 of H.M. Act and Section 125 Cr.P.C.,
the court can safely arrive at a conclusion that under Section 125
Cr.P.C., husband is not entitled to claim maintenance from his
wife. When the husband is not entitled to claim maintenance even
from his legally wedded wife by pressing into service Section 125
Cr.P.C., the question of claiming maintenance by a paramour from
a kept mistress or a husband from his second wife is
unimaginable. Allowing a paramour to claim maintenance from his
kept mistress or concubine under Section 125 Cr.PC., certainly
would amount to making mockery of the provisions of Cr.P.C. If
this type of petitions are allowed, the very purpose of Section 125
Cr.PC will be defeated or frustrated.
20. From a perusal of the record, it is manifest that the first
respondent instituted the proceedings against the petitioner with
an ulterior motive to wreak vengeance against her. When the
statute itself does not entitle a husband to claim maintenance,
petition under Section 125 Cr.PC is not maintainable.
HYDERABAD HIGH COURT
THE HONBLE SRI JUSTICE T. SUNIL CHOWDARY
CRIMINAL PETITION No.6481 OF 2010
Dated:15-7-2016
Smt.Malleshwaramma,
Vs
G.S.Srinivasulu,
THE HONBLE SRI JUSTICE T.SUNIL CHOWDARY
Citation: 2016 CRLJ 4066 HYD
https://www.lawweb.in/2016/11/whether-paramour-can-claim-maintenance.html