LexSMT. N. USHA RANI AND ANR. versus MOODUDULA SRINIVAS
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[2025] 1 S.C.R. 1442 : 2025 INSC 129 Smt. N. Usha Rani and Anr. v. Moodudula Srinivas (Criminal Appeal No. 515 of 2025) 30 January 2025 [B.V. Nagarathna and Satish Chandra Sharma,* JJ.] Issue for Consideration Whether a woman is entitled to claim maintenance under Section 125 CrPC from her second husband while her first marriage is allegedly legally subsisting. Headnotes† Code of Criminal Procedure, 1973 – s.125 – Maintenance – Appellant no.1-wife separated from her first husband by way of an MoU executed between them – Appellant no.1 married the respondent – Marriage declared null and void – Respondent and Appellant no.1 got re-married – However, differences arose between them, Appellant no.1 sought maintenance from the respondent – Awarded by Family Court – High Court set aside the maintenance – Challenge to: Held: Respondent was fully aware of the first marriage of the Appellant No.1 and knowingly entered into a marriage with Appellant No. 1 not once, but twice – The MoU of separation between the Appellant No.1 and her first husband though not a legal decree of divorce, shows that the parties have dissolved their ties, they have been living separately and Appellant No.1 is not deriving maintenance from her first husband – Therefore, barring the absence of a legal decree, Appellant No.1 is de facto separated from her first husband and is not deriving any rights and entitlements as a consequence of that marriage – Maintenance cannot be denied to Appellant No.1 – Maintenance award granted by the Family Court restored. [Paras 17, 19] Interpretation of Statutes – Social welfare provisions – Interpretation of. [Para 18] Code of Criminal Procedure, 1973 – s.125 – Maintenance – Objective – Discussed. [Para 11] * Author [2025] 1 S.C.R. 1443 Smt. N. Usha Rani and Anr. v. Moodudula Srinivas Case Law Cited Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav and Another [1988] 2 SCR 809 : (1988) 1 SCC 530; Bakulabai and Another v. Gangaram and Another [1988] 2 SCR 787 : (1988) 1 SCC 537 – distinguished. Mohd. Abdul Samad v. State of Telangana and Another [2024] 7 SCR 1236 : (2024) SCC OnLine SC 1686; Captain Ramesh Chander Kaushal v. Veena Kaushal and Others [1978] 3 SCR 782: (1978) 4 SCC 70 – relied on. Chanmuniya v. Virendra Kumar Singh Kushwaha and Another [2010] 12 SCR 223 : (2011) 1 SCC 141; Rameshchandra Rampratapji Daga v. Rameshwari Rameshchandra Daga [2004] Supp. 6 SCR 888 : (2005) 2 SCC 33; Savitaben Somabhai Bhatiya v. State of Gujarat and others [2005] 2 SCR 638 : (2005) 3 SCC 636; Vimala (K) v. Veeraswamy (K) [1991] 1 SCR 904 : (1991) 2 SCC 375; Dwarika Prasad Satpathy v. Bidyut Prava Dixit and Another [1999] Supp. 3 SCR 684 : (1999) 7 SCC 675; Badshah v. Urmila Badshah Godse and Another [2013] 10 SCR 259 : (2014) 1 SCC 188 – referred to. List of Acts Code of Criminal Procedure, 1973; Hindu Marriage Act, 1955; Family Courts Act, 1984; Dowry Prohibition Act, 1961; Penal Code, 1860. List of Keywords Maintenance; Second husband; First marriage allegedly legally subsisting; Dissolution of Marriage; Marriage Null and Void; Marriage Void ab initio; De facto separated; First Marriage; Second Marriage; Re-married; Memorandum of Understanding (MoU); MoU of separation; Living Separately; No Legal Decree of Divorce; Social welfare provisions. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 515 of 2025 From the Judgment and Order dated 13.04.2017 of the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh in CRLR No. 1587 of 2012 1444 [2025] 1 S.C.R. Supreme Court Reports Appearances for Parties A.K. Thakur, Rishi Raj, Shekhar Kumar, Sujeet Kumar, Ningthem Oinam, Yogesh Sham Sonawane, Ashish Pratap Singh, Dhruv Singh, Ms. Santosh, Advs. for the Appellant. C. Mohan Rao, Sr. Adv., R. Santhnan Krishnan, Lokesh Kr. Sharma, D. Mahesh Babu, Advs. for the Respondent. Judgment / Order of the Supreme Court Judgment Satish Chandra Sharma, J. 1. Leave granted. 2. The present appeal is arising out of order dated 13.04.2017 passed in Criminal Revision No. 1587 of 2012 by the High Court of Judicature at Hyderabad for the State of Telangana and State of Andhra Pradesh. 3. The facts of the case reveal that Appellant No.1 before this Court – Smt. N. Usha Rani married one Nomula Srinivas on 30.08.1999 at Hyderabad. During the period of their wedlock, she gave birth to a male child, namely, Sai Ganesh on 15.08.2000.
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