Yamunabai v. Anantrao, 27 January 1988.
The appellant sought an order of maintenance to be made against the respondent under Section 125 of the Code of Criminal Procedure, 1973, of India which authorizes such an order for a wife who is unable to maintain herself.  She had been married under Hindu rites to the respondent while a previous wife was still living.  The Supreme Court upheld a lower court decision refusing to make the order.  It held that, because the respondent already had a wife, his marriage to the appellant was void from the beginning, rather than voidable, and, thus, she had never been his "wife."  It rejected an argument that the appellant should be considered a wife under the Civil Procedure Code because her marriage would have been recognized under Hindu law and custom in effect before the enactment of the Hindu Marriage Act, 1955.  It also rejected an argument that the respondent should be stopped from claiming that the appellant was not his wife, because she was not informed of his earlier marriage.
D001208:Asia; D003906:Developing Countries; D004467:Economics; D018596:Hinduism; D007194:India; D007603:Jurisprudence; D008393:Marriage; D012067:Religion; D012959:Socioeconomic Factors; D014933:Women's Rights
Asia; Court Decision; Developing Countries; Economic Factors; Hinduism; India; Marriage Patterns; Marriage--legal aspects; Marriage--religious aspects; Microeconomic Factors; Nuptiality; Polygamy--legal aspects; Polygamy--religious aspects; Religion; Socioeconomic Factors; Southern Asia; Spousal Support--legal aspects; Spousal Support--religious aspects; Women's Status