In Kizhakkayi Dasan v. Kuniyil Cheerootty and Another [2025:KER:72048], the High Court of Kerala observed that a woman who contracts a subsequent marriage with a man during the subsistence of her earlier marriage cannot be regarded as a ‘wife’ within the meaning of Section 125 of the Code of Criminal Procedure (CrPC).
The Supreme Court Judgements Relied on
The High Court relied on the Supreme Court judgement in Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav [(1988) 1 SCC 530], which held that the marriage of a woman in accordance with the Hindu rites with a man having a living spouse is a complete nullity in the eye of law and she is not entitled to the benefit of Section 125 of the Code.
This view was reaffirmed by the Supreme Court in Savitaben Somabhai Bhatiya v. State of Gujarat [(2005) 3 SCC 636].
Second Marriage Remains Void but Child Legitimate
Even though the High Court set aside the validity of marriage between the husband and the second wife, in view of Section 16 of the Hindu Marriage Act (HMA), the legitimacy of the child will not be affected.
The Section 16 of the HMA provides that notwithstanding the nullity of a marriage under Section 11 of the HMA, any child of such marriage shall be declared legitimate.
