Section 125 CrPC — Impleadment of Third Parties · 5 May 2026
PS v. BS: Delhi High Court Holds a Second Wife Is Neither a Necessary Nor a Proper Party in the First Wife's Section 125 CrPC Case
High Court of Delhi · 2026 LiveLaw (Del) 473; CRL.REV.P.(MAT.) 171/2024
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The first wife challenged a Family Court order that denied her maintenance while granting ₹10,000 each to the two children of the marriage. While her revision was pending, the husband obtained a divorce decree in his favour from the Family Court and remarried. The second wife then asked to be impleaded, saying she was the legally wedded wife and that any order could affect her rights and financial interests. The first wife opposed, saying the dispute was only between herself, the children and the husband, and that no relief was sought against the second wife.
Justice Swarana Kanta Sharma dismissed the application. She distinguished a necessary party, one without whom no effective order can be passed, from a proper party, one whose presence is needed for complete adjudication, and held the second wife was neither. The Court held that Section 125 proceedings are confined to the rights and obligations between the petitioner and the respondent, and that allowing every person claiming dependence on the husband to be impleaded would unnecessarily widen what are summary proceedings. Even assuming the second wife depends financially on the husband, the Court said it remains open to him to place those facts before it.
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