Bench: Justice Ranganath Misra and L.M. Sharma, JJ.
Facts:
In the present case, Appellant Bakulabai was lawfully married to the Respondent Ganga Ram, Maruti was born out of this wedlock. Appellant filed an application under section 125 of the Code of Criminal Procedure claiming maintenance for herself and her son. The Respondent denied the marriage as well as the paternity of Maruti confessing that he was already married twice before the wedding pleaded by the Appellant and both his wives were living.
Issue:
- Whether an illegitimate child born out of a marriage between a woman and legally married man having a living wife entitled to maintenance? Or
- Whether a Bigamous child entitled to maintenance under Section 125 Code of Criminal Procedure?
Findings:
The Supreme Court concluded that Even though bigamous marriage is illegal u/s 11 of the Hindu Marriage Act, 1955 but when after such marriage Hindu male and female are living together for a number of years as husband and wife, the child born as a result of such union acquires legitimate status u/s 16(1) of the Hindu Marriage Act, 1955 and such child is entitled to maintenance u/s 125 Code of Criminal Procedure.
