Can second wife be made party in first wife’s maintenance case? Delhi high court answers

NEW DELHI: The Delhi high court has ruled that a second wife cannot be impleaded either as a "necessary or proper party" in a maintenance proceedings brought by a first wife and children under Section 125 of the Code of Criminal Procedure (CrPC). The court observed that such proceedings are confined to adjudicating the husband's obligation towards his legally wedded spouse, as per a report by LiveLaw.Justice Swarana Kanta Sharma passed the order while dismissing a petition filed by a husband seeking to implead his second wife in the maintenance case instituted by his first wife and children before a family court. The Court said that the presence of the second wife was not required for effective adjudication of the dispute between the husband and the first wife.The high court further noted that proceedings under Section 125 CrPC are summary in nature and are intended to provide speedy relief to a wife, child or parents who are unable to maintain themselves. It added that introducing third-party disputes into such proceedings would unnecessarily complicate and delay the matter, according to a LiveLaw report.The husband had argued that since he was also maintaining his second wife and children born from the second marriage, her presence was necessary for determining his financial liabilities and overall obligations. However, the Court rejected the contention, saying the husband could place all relevant financial details before the family court without formally adding the second wife as a party."If such a plea were to be entertained, it would open the door for every person claiming to be dependent, upon a person from whom maintenance is sought, to seek impleadment in such proceedings, which would unnecessarily enlarge the scope of what are otherwise summary proceedings under Section 125 of Cr.P.C.," the Court added.The bench further clarified that the first wife’s right to seek maintenance cannot be made dependent on disputes arising out of the husband’s subsequent marriage. The Court observed that the issue before the family court was confined to whether the first wife was entitled to maintenance and the quantum payable by the husband.What is Section 125 of CrPCSection 125 of the Code of Criminal Procedure (CrPC) is a social welfare provision that empowers a magistrate to order a person of sufficient means to pay monthly maintenance to his wife, children, or parents if he neglects or refuses to support them. It applies regardless of religion or personal law. Ensuring speedy relief to those unable to sustain themselves. Non-compliance with a maintenance order can result in imprisonment of up to one month. With the enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, effective July 1, 2024, the corresponding provision has been renumbered as Section 144 of the BNSS, though Section 125 CrPC remains widely referenced in pending cases and precedent.