Supreme Court · 2005 INSC 128 · Decided 10 March 2005

Savitaben Somabhai Bhatiya v. State of Gujarat and ORS.

Court
Supreme Court of India
Citation
2005 INSC 128 · [2005] 2 S.C.R. 638
Case number
CRIMINAL APPEAL No. 399/2005
Decided
10 March 2005
Bench
ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
Outcome
Disposed off
Case type
Criminal
Acts & sections cited
CrPC Section 125; Constitution Article 39; Hindu Marriage Act

Headnote

Code of Criminal Procedure, 1973-Section 125: C Maintenance- 'Wife '-Meaning of-Held: Expression 'wife' refers only to a legally married wife-Scope of section 125 cannot be enlarged to include woman not lawfully married-However, illegitimate child is included Marriage of woman as per customary of-Entitlement-Held: D Earlier marriage of the husband established by sufficient evidence by courts below, as such marriage of husband with the claimant void and section 12 5 does not include woman not lriwfully married-Also claimant cannot apply principle of estoppel by taking a plea that

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