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1971 Supreme(SC) 540

Baitahka – Appellant
Versus
Alihussainfidaallichothia – Respondent


Advocates:
A.K.KHASKALAM, A.K.SAHU, G.L.SANGHI, J.V.Shroff, M.C.BHANDARE

V.R.Krishna Iyer, J. A Prefatory Statement

(1) IN this appeal, by special leave, we are called upon to interpret a benign, provision enacted to ameliorate the economic condition of neglected wives and discarded divorcees, namely. S. 125, Criminal Procedure Code. Welfare laws must be so read as to be effective delivery systems of the salutary objects sought to be served by the Legislature and when the beneficiaries are the weaker sections, like destitute women, the spirit of Article IS(3) of the Constitution must belight the meaning of the section. "The Constitution is a pervasive omnipresence brooding over the meaning and transforming the values of every measure. So, S. 125 and sister ckUBCS must receive a compassionate expansion of sense that the words used permit.

(2) THE respondent (husband) married the appellant (wife) as a second wife, way back in 1956, and a few years later had a son by her. The initial warmth vanished and the jealousies of a triangular situation erupted, marring mutual affection. The respondent divorced the appellant around July, 1962. A suit relating to a flat in which the husband had housed the wife resulted in a consent decree which also



















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