When A Man Marries A Woman Knowing Fully That She Was Not Legally Divorced From Her Earlier Marriage Can’t Plead Invalidity Of Marriage In 125 Proceedings: Chhattisgarh HC

The Chhattisgarh High Court has held that a man, who marries a woman knowing fully well that her earlier marriage has not ended in a valid divorce, is estopped from raising plea of invalidity of marriage in maintenance proceedings under Section 125 of CrPC. The observation was made by a Single Bench of Justice Rajendra Chandra Singh Samant while presiding over a revision filed against the order passed by a Family Court, denying maintenance to the Applicant-wife on the ground that she has not obtained a valid divorce from her first husband and hence, she is not a legally wedded wife of the Respondent (second husband).