SAVITABEN SOMABHAI BHATIYA versus STATE OF GUJARAT AND ORS.

SAVITABEN SOMABHAI BHATIYA versus STATE OF GUJARAT AND ORS.

A woman married to a man according to customary rites when the man has a living spouse is not entitled to maintenance under Section 125 CrPC, as the marriage is void; however, the child born from such relationship is entitled to maintenance, and the quantum can be enhanced as per amended legal provisions.

Parties
Appellant: Savitaben Somabhai Bhatiya; Respondents: State of Gujarat and Ors.
Jurisdiction
India
Judgment Date
10 March 2005
Procedural Posture
Criminal Appeal / Supreme Court Judgment
Outcome
Appeal disposed of.
Legal Topics
Maintenance Under Section 125 Cr PC, Definition of 'wife' Under Law, Legitimacy of Child, Quantum of Maintenance, Personal Law Relevance in Maintenance Cases
Criminal Law Family Law Social Justice Maintenance Under Section 125 Cr PC Definition of 'wife' Under Law Legitimacy of Child Quantum of Maintenance Personal Law Relevance in Maintenance Cases

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Parties

Savitaben Somabhai Bhatiya

Appellant

State of Gujarat and Ors.

Respondents

Procedural Posture

Criminal Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether a woman married to a man having a living spouse is entitled to maintenance under Section 125 CrPC
  2. 2 What is the quantum of maintenance to be awarded to the illegitimate child born from such a relationship
  3. 3 Applicability and relevance of personal law in deciding maintenance applications

Ratio Decidendi

A woman married to a man according to customary rites when the man has a living spouse is not entitled to maintenance under Section 125 CrPC, as the marriage is void; however, the child born from such relationship is entitled to maintenance, and the quantum can be enhanced as per amended legal provisions.

Court Disposition

Appeal disposed of.

Orders

  • Appellant's claim for maintenance as wife dismissed.
  • Child's maintenance enhanced to Rs. 850 per month effective from today.