Supreme Court · 2011 INSC 564 · Decided 9 August 2011
Pyla Mutyalamma @ Satyavathi v. Pyla Suri Demudu & ANR.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 564 · [2011] 9 S.C.R. 996
- Case number
- CRIMINAL APPEAL No. 219/2007
- Decided
- 9 August 2011
- Bench
- H.S. BEDI, GYAN SUDHA MISRA (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 125
Headnote
Code o;f Criminal Procedure, 1973: c s.125 - Maintenance -· Claim for, entitlement - Held: There is no quarrel with the legal position that during the subsistence of the first marriage and existence of a living wife (first wife), the claim of maintEmance by the second wife cannot and evidence of subsistence of an < D earlier marriage at the time of solemnizing the second mam·age, has to be adducec1 by the husband taking the plea of subsistence of an earlier marriage and when a plea of subsisting marriage is raised by the respondent-husband, it has to be
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