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2005 Supreme(SC) 442

ARIJIT PASAYAT, S.H.KAPADIA
Savitaben Somabhai Bhatiya – Appellant
Versus
State Of Gujarat – Respondent


Judgement Key Points
  • The Supreme Court held that the expression "wife" under Section 125 CrPC refers only to a legally wedded wife, excluding a woman not lawfully married, regardless of the man's conduct or treatment of her as his wife. (!) [1000266830014][1000266830015][1000266830017]
  • Section 125 CrPC is enacted for social justice to protect women, children, and infirm parents, fulfilling a fundamental duty to maintain dependents unable to support themselves, applicable irrespective of personal law. [1000266830008][1000266830009]
  • Legislative intent explicitly includes illegitimate children within Section 125 but not women not lawfully married; courts cannot expand the scope of "wife" through artificial interpretation. [1000266830017]
  • A marriage that is a nullity (e.g., with a person having a living spouse) does not entitle the woman to maintenance under Section 125 CrPC. [1000266830014]
  • Strict proof of valid marriage is required; claims of fraud, misrepresentation, or unawareness of prior marriage do not override the legal requirement, and estoppel does not apply. [1000266830016]
  • Trial court granted maintenance to appellant (claimed wife) and child; sessions court remanded; on re-adjudication, maintenance awarded again; High Court denied maintenance to appellant (not legally wedded) but upheld/enhanced for child. (!) [1000266830004]
  • Supreme Court affirmed High Court: appellant not entitled to maintenance as not legally wedded wife, based on evidence of respondent's prior marriage (documents like voters list, ration card). [1000266830004][1000266830019][100026683

Judgment

Arijit Pasayat, J.—Leave granted.

2. A brief reference to the factual position would suffice because essentially the dispute has to be adjudicated with reference to scope and ambit of Section 125 of the Code of Criminal Procedure, 1973 (in short the ‘Code’).

3. The case at hand according to appellant is a classic example of the inadequacies of law in protecting a woman who unwittingly entered into relationships with a married man.

4. Factual position as projected by the appellant is as follows:—

Appellant claims that she was married to respondent No. 2 some time in 1994 according to the customary rites and rituals of their caste. Though initially, the respondent No. 2 treated her nicely, thereafter he started ill-treating her and she was subjected to mental and physi­cal torture. On enquiry about the reason for such a sudden change in his behaviour, the appellant came to know that respondent No. 2 had developed illicit relationship with a lady named Veenaben. During the period the appellant stayed with the respondent, she became pregnant and subsequently, a child was born. As respondent No. 2 neglected the appellant and the child born, an application in terms of Section 125 of

































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