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| Information Type: | Judicial Information |
| Court: | Supreme Court |
| Date of Judgment(s): | 2010-10-07 |
| Case No: | 15071 of 2009 |
| Case Type: | SLP (Civil) |
| Judge Name: | G.S.Singhvi & Ashok Kumar Ganguly |
| Subject: | Domestic Violence |
| Statutes / Acts: | Code of Civil Procedure (CPC), 1908 |
| Section: | Section 125 of the Code of Criminal Procedure, 1973 |
| Bench Strength: | Double Bench |
| Advocate: | Altaf Ahmad, P.S. Patwalia, Sibo Sankar Mishra and M. Indrani, Advs.Mona K. (P) & Rajvanshi, Anurag Kashyap, B.K. Shahi (R) |
| State of Appellant(s): | Uttar Pradesh |
| History of Case No: | Judgment and Order dated 28.11.2007 of the High Court of Judicature at Allahabad in First Appeal No. 110 of 2004 and order dated 23.01.2009 in Review Application No. 54098 of 2008 in F.A. No. 110 of 2004 |
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Equal Citation Details : 2011(2)BomCR787, 2011(2)CGLJ328, (SCSuppl)2011(1)CHN92, 2011(1)CTC101, I(2013)DMC131SC, 2011(1)JCC185, JT2010(11)SC132, 2010(10)SCALE602, (2011)1SCC141, (2011)2SCC(Cri)666, 2011(1)ALD(Cri)370, 2010 (83) ALR 459, 2011(1)ALT39(SC), |
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Case Note / Description : We are of the opinion that a broad and expansive interpretation should be given to the term ‘wife’ to include even those cases where a man and woman have been living together as husband and wife for a reasonably long period of time, and strict proof of marriage should not be a pre-condition for maintenance under Section 125 of the Cr.P.C, so as to fulfil the true spirit and essence of the beneficial provision of maintenance under Section 125. We also believe that such an interpretation would be a just application of the principles enshrined in the Preamble to our Constitution, namely, social justice and upholding the dignity of the individual.
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Raj Kumar (Ph.D Research Scholar)
Dr. M. Madhusudhan (Supervisor)
DEPARTMENT OF LIBRARY AND INFORMATION SCIENCE
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