Velusamy v. Patchaiammal

Case Title: D. Velusamy v. D. Patchaiammal — Cr. Appeal Nos. 2028–2029 of 2010

The dispute is about maintenance under Section 125 CrPC and the status of marriage. The appellant claimed an earlier marriage with Lakshmi. The respondent claimed she married the appellant later and sought maintenance. The Supreme Court said: you cannot decide Lakshmi’s marital status without hearing her. Declaring facts about her marriage, without notice, breaks natural justice. Until that issue is properly tried, the respondent’s claim to be “wife” for Section 125 remains uncertain.

1. Did the appellant marry Lakshmi before the alleged marriage with the respondent?
2. Can the respondent get maintenance under Section 125 CrPC as a wife in these facts?

Natural Justice: No one’s rights or status should be decided without a fair chance to be heard. If Lakshmi is the alleged first wife, a finding about her marriage cannot be made behind her back.

Section 125 CrPC: A wife (including a divorced wife) who cannot maintain herself may claim maintenance. But a person who was never married cannot be treated as a divorced wife.

• Court below erred in deciding that Lakshmi was not married to the appellant without hearing her.
• Any declaration about Lakshmi’s marital status, made in her absence, is null and void for violating natural justice.
• A divorced wife is a “wife” for Section 125; but a person never married cannot be treated as such. Respondent’s status depends on a proper finding about Lakshmi’s marriage.

No status without notice. When determining who is a wife under Section 125 CrPC, courts cannot decide the validity of an alleged prior marriage without hearing the alleged spouse. Such a finding offends natural justice and cannot stand.

• Protects procedural fairness when marital status of a third person is in issue.
• Clarifies the threshold for Section 125: the claimant must be a wife in law.
• Guides trial courts to implead necessary parties in maintenance disputes tied to prior marriages.

1. Hear Lakshmi before deciding her marital status.
2. Section 125 applies to a wife (includes divorced) but not to someone never married.
3. Documentary proof must be weighed in a fair proceeding with all necessary parties.

Mnemonic: N-O-T-I-C-E — Natural justice, Obligatory notice, Third party status, Implead first wife, CrPC 125 threshold, Evidence tested.

3-Step Hook:

1. Is there a prior marriage? If yes, bring that spouse on record.
2. Test status fairly with notice and evidence.
3. Only then decide Section 125 maintenance.

Natural Justice

Fair process rules: audi alteram partem—hear the other side; no one condemned unheard.

Section 125 CrPC

Summary remedy for maintenance of wife, children, and parents unable to maintain themselves.

Necessary Party

A person without whom no effective order can be made on the core issue.

• Cases on Section 125 CrPC and proof of marriage
• Decisions emphasizing natural justice in marital status disputes