K.VIMAL vs K.VEERASWAMY

The Supreme Court held that under Section 125 of the Code of Criminal Procedure, 1973, a second wife is not entitled to maintenance if her marriage is void due to the subsistence of the husband's earlier marriage. The Court emphasized that the husband must provide strict proof of the earlier marriage to negate the claim of the second wife. The High Court's finding of a valid earlier marriage was set aside as it lacked sufficient evidence, and the appeal was allowed, reinstating the Magistrate's order for maintenance.