Supreme Court of India · 2011-08-09
Pyla Mutyalamma @ Satyavathi vs Pyla Suri Demudu & Anr
- Citation / case number
- AIR 2012 SC (CRIMINAL) 19
- Court
- Supreme Court of India
- Petitioner
- Pyla Mutyalamma @ Satyavathi
- Respondent
- Pyla Suri Demudu & Anr
- Author
- Gyan Sudha Misra
- Bench
- Harjit Singh Bedi, Gyan Sudha Misra
Judgment text excerpt
The Supreme Court ruled that a second wife, whose marriage is void due to the husband's existing marriage, is not entitled to maintenance under Section 125 Cr.P.C. The court emphasized that while the law presumes in favor of marriage, strict proof of the prior marriage is required when the husband claims the second wife is a kept mistress. The court overturned the High Court's decision that had set aside the Family Court's maintenance order, reinstating the appellant's right to maintenance based on the presumption of marriage despite the husband's claims.