Polygamy and Woman's Right of Maintenance: Survey of Judicial Decisions

This article begins with a brief overview of the different personal laws in India under which women may be able to claim maintenance as well as of the relevant provision (Section 125) in the Code of the Criminal Procedure. The author examines the Indian Supreme Court's decision in Yamunabai's case, arguing that the case demonstrates how the law has been applied unfairly towards women who have entered void marriages. The Court held in Yamunabai's case that women in void marriages are unable to receive maintenance under Section 125.The author discusses the approach taken in other cases towards Section 125, namely Rajeshri v Shantibai and Bajirao v Tolanabai. The author argues that Section 125 ought to be interpreted in a way that permits a second wife to receive maintenance, and that the decision in Yamunabai should therefore be overruled.