Considering the submissions, the Court at the outset noted that as per the settled law, a woman who has already been married to another person, cannot be treated as a legally-wedded wife of the second husband without divorce from her first husband.
“As such, being not legally wedded wife, she cannot claim maintenance from her second husband,” said the Court.
On the argument that the Supreme Court has held that the definition of ‘wife’ under Section 125 CrPC should be interpreted broadly, the Court said in those cases, the woman had not earlier married another person.
Source: Barandbench
