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True Colors of a Vile Wife

Tag: CrPC 125 – Women In Live-In Relationships Entitled To Maintenance

Dwarika Prasad Satpathy Vs Bidyut Prava Dixit and Anr on 14 Oct 1999

Posted on May 13, 2021 by ShadesOfKnife

A Division bench of the Supreme Court held as follows,

“6………………In our view, validity of the marriage for the purpose of summary proceeding under Section 125 Cr.P.C. is to be determined on the basis of the evidence brought on record by the parties. The standard of proof of marriage in such proceeding is not as strict as is required in a trial of offence under section 494 of the I.P.C. If the claimant in proceedings under Section 125 of the Code succeeds in showing that she and the respondent have lived together as husband and wife, the Court can presume that they are legally wedded spouses, and in such a situation, the party who denies the marital status can rebut the presumption………………”

Dwarika Prasad Satpathy Vs Bidyut Prava Dixit and Anr on 14 Oct 1999

Citations : [1999 ACR SC 3 2547], [1999 AIR SC 3348], [1999 ALD CRI 2 955], [1999 ALR 37 733], [2000 ALT CRI 1 29], [1999 CALLT SC 3 61], [2000 CLT SC 89 167], [1999 GLH 2 1037], [1999 JT SC 8 329], [2000 LW CRL 1 218], [2000 PLJR 1 61], [2000 RLW SC 1 23], [1999 SCALE 6 579], [1999 SCC 7 675], [1999 SUPP SCR 3 684], [1999 SCC CRI 1345], [1999 SUPREME 8 602], [2000 CRLJ 0 1], [1999 RCR CRIMINAL 4 577], [2000 CRI LJ 0 1], [2000 OCR SC 18 348], [1999 AIR SC 3844], [2000 BOMCR CRI SC 731], [1999 CRIMES SC 3 206], [2000 LW CRL 1 217], [2000 CRLJ SC 1], [1999 AIR SCW 3844]

Other Sources :

https://indiankanoon.org/doc/305700/

https://www.casemine.com/judgement/in/5609ad5ee4b0149711411339

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 125 - Order for Maintenance of Wives Children and Parents CrPC 125 - Women In Live-In Relationships Entitled To Maintenance Dwarika Prasad Satpathy Vs Bidyut Prava Dixit and Anr IPC 494 - Marrying again during life-time of husband or wife Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

Badshah Vs Urmila Badshah Godse and Anr on 18 October 2013

Posted on April 9, 2020 by ShadesOfKnife

Justice A.K.Sikri in a 2-judge bench had held that, for the purpose of claiming maintenance under Section 125, Cr.P.C., such a woman (who is not a legally wedded wife), is to be treated as the legally wedded wife.

From Para 25,

25. Thus, while interpreting a statute the court may not only take into consideration the purpose for which the statute was enacted, but also the mischief it seeks to suppress. It is this mischief rule, first propounded in Heydon’s Case[11] which became the historical source of purposive interpretation. The court would also invoke the legal maxim construction ut res magis valeat guam pereat, in such cases i.e. where alternative constructions are possible the Court must give effect to that which will be responsible for the smooth working of the system for which the statute has been enacted rather than one which will put a road block in its way. If the choice is between two interpretations, the narrower of which would fail to achieve the manifest purpose of the legislation should be avoided. We should avoid a construction which would reduce the legislation to futility and should accept the bolder construction based on the view that Parliament would legislate only for the purpose of bringing about an effective result. If this interpretation is not accepted, it would amount to giving a premium to the husband for defrauding the wife. Therefore, at least for the purpose of claiming maintenance under Section 125, Cr.P.C., such a woman is to be treated as the legally wedded wife.

Badshah Vs Urmila Badshah Godse and Anr on 18 October 2013

Citations: [2014 SCJ 2 779], [2014 CRILJ 1076], [2014 SCC 1 188], [2013 SCALE 12 681], [2014 CRLJ SC 1076], [2013 RCR CRIMINAL SC 4 764], [2013 CTC 6 86], [2014 AIR SC 256], [2014 NCC 1 238], [2013 RLW SC 4 3670], [2013 AIOL 3407], [2013 AD SC 11 9], [2013 RCR CIVIL SC 4 830], [2013 SCC ONLINE SC 946], [2014 JLJR SC 1 78], [2014 LW CRL 1 646], [2014 SCC CIV 1 51], [2013 JCC SC 4 2765], [2014 LW 2 936], [2013 ACR 3 3010], [2014 MPHT 2 499], [2014 GLH 1 273], [2013 KERLT 4 367], [2013 ALR 101 704], [2013 BOMCR CRI SC 4 616], [2013 SLT 9 543], [2013 DMC 3 518], [2014 ECRN 1 241], [2014 AIR SC 869], [2013 JT 13 570], [2013 AIC 132 108]

Other Source links: https://indiankanoon.org/doc/15901386/ or https://www.casemine.com/judgement/in/5609af37e4b0149711415daf


Earlier Chanmuniya judgment is here.


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Badshah Vs Urmila Badshah Godse and Anr Chanmuniya Vs Virendra Kumar Singh Kushwaha and Anr CrPC 125 - No Strict Proof of Marriage Required CrPC 125 - Women In Live-In Relationships Entitled To Maintenance Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

Ajay Bhardwaj Vs Jyotsana and others on 23 November, 2016

Posted on January 6, 2019 by ShadesOfKnife

Just read this judgment from P&H HC which held that, even thought when there is a subsisting marriage under HMA, living-together with another man or giving birth to twins with him, can be termed as marriage-like relationship.

Ajay Bhardwaj Vs Jyotsana and others on 23 November, 2016

 

Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged Ajay Bhardwaj Vs Jyotsana and others CrPC 125 - No Strict Proof of Marriage Required CrPC 125 - Order for Maintenance of Wives Children and Parents CrPC 125 - Women In Live-In Relationships Entitled To Maintenance | Leave a comment

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