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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