Badshah v. Sou. Urmila Badshah Godse
Decided On: 18.10.2013, Ranjana Prakash Desai and Arjan Kumar Sikri, JJ. MANU/SC/1084/2013: AIR2014SC869
THIS CASE discusses the scope and limitation of the phrase "wife".
Whether a lady who is not “legally
wedded wife” may claim for maintenance under Section 125, Code of Criminal Procedure
or not? In this case a lady married the Petitioner as per Hindu Rites and
customs. After three month of marriage the lady came to know that the
petitioner was already married which he did not disclosed to the lady while
marrying. The lady claimed maintenance for her and her daughter.
PARA 24 IS AS UNDER:
24. In Rameshchandra Daga v.
Rameshwari Daga MANU/SC /1057 /2004 : AIR
2005 SC 422, the right of another woman in a similar situation was upheld. Here
the Court had accepted that Hindu marriages have continued to be bigamous
despite the enactment of the Hindu Marriage Act in 1955. The Court had commented
that though such marriages are illegal as per the provisions of the Act, they
are not 'immoral' and hence a financially dependent woman cannot be denied
maintenance on this ground.
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