Badshah vs. Sou. Urmila Badshah Godse & Anr |

Badshah vs. Sou. Urmila Badshah Godse & Anr

Badshah vs. Sou. Urmila Badshah Godse & Anr

Brief facts of the Case-
The petitioner seeks leave to appeal against the judgment and order dated 28.2.2013 passed by the High Court of Judicature at Bombay, By means of the impugned order, the High Court has upheld the award of maintenance to respondent No.1 at the rate of Rs.1000/- per month and to respondent No.2 (daughter) at the rate of Rs.500/- per month in the application filed by them under Section 125 of the Code of Criminal Procedure (Cr.P.C.) by the learned Trial Court and affirmed by the learned Additional Sessions Judge. Respondents herein had filed proceedings under Section 125, Cr.P.C. before Judicial Magistrate First Class (JMFC) alleging therein that respondent No.1 was the wife of the petitioner herein and respondent No.2 was their daughter, who was born out of the wedlock.
The petitioner was married to the respondent on 10.2.2005 at Devgad Temple situated at Hivargav-Pavsa. The marriage was performed as per Hindu Rites and customs. After her marriage, she resided and cohabited with the petitioner, one lady Shobha came to the house of the petitioner and claimed herself to be his wife. On inquiring from the petitioner about the said lady Shobha, he replied that if she wanted to cohabit with him, she should reside quietly. Otherwise she was free to go back to her parents house. When Shobha came to the house of petitioner, respondent was already pregnant from the petitioner. Therefore, she tolerated the ill-treatment of the petitioner and stayed along with Shobha. However, the petitioner started giving mental and physical torture to her under the influence of liquor. However, when the ill-treatment of the petitioner became intolerable, she came back to the house of her parents. Respondent Shivanjali, was born on 28.11.2005. On the aforesaid averments, the respondents claimed maintenance for themselves. The petitioner contested the petition by filing his written statement. He dined his relation with respondent as his wife and daughter respectively. He alleged that he never entered with any matrimonial alliance with respondent on 10.2.2005, as claimed by respondent and in fact respondent No.1, who was in the habit of leveling false allegation, was trying to blackmail him. He also denied co-habitation with respondent and claimed that he was not the father of respondent either. According to the petitioner, he had married Shobha on 17.2.1979 and from that marriage he had two children viz. one daughter aged 20 years and one son aged 17 years and Shobha had been residing with him ever since their marriage. Therefore, respondent was not and could not be his wife during the subsistence of his first marriage and she had filed a false petition claiming her relationship with him.
Relevant Provisions- Sec-125, 488 Cr.P.C, 5(1) of Hindu Marriage Act, 1955.
Observation-
Firstly, the Court has impressed that if man and woman have been living together for a long time even without a valid marriage, as in that case, term of valid marriage entitling such a woman to maintenance should be drawn and a woman in such a case should be entitled to maintain application under Section 125,Cr.P.C. On the other hand, in the present case, respondent No.1 has been able to prove, by cogent and strong evidence, that the petitioner and respondent had been married each other.
Secondly, as already discussed above, when the marriage between respondent and petitioner was solemnized, the petitioner had kept the respondent in dark about her first marriage. A false representation was given to respondent that he was single and was competent to enter into martial tie with respondent . In such circumstances, the petitioner cannot be allowed to take advantage of his own wrong and cannot turn around to say that respondents are not entitled to maintenance by filing the petition under Section 125,Cr.P.C.
Thirdly, in such cases, purposive interpretation needs to be given to the provisions of Section 125,Cr.P.C. While dealing with the application of destitute wife or hapless children or parents under this provision, the Court is dealing with the marginalized sections of the society. The purpose is to achieve social justice which is the Constitutional vision, enshrined in the Preamble of the Constitution of India. Preamble to the Constitution of India clearly signals that we have chosen the democratic path under rule of law to achieve the goal of securing for all its citizens, justice, liberty, equality and fraternity. It specifically highlights achieving their social justice. Therefore, it becomes the bounden duty of the Courts to advance the cause of the social justice. While giving interpretation to a particular provision, the Court is supposed to bridge the gap between the law and society. Provision of maintenance would definitely fall in this category which aims at empowering the destitute and achieving social justice or equality and dignity of the individual. While dealing with cases under this provision, drift in the approach from adversarial litigation to social context adjudication is the need of the hour.
Decision-
The Supreme Court declined to grant leave to the petitioner and by giving aforesaid reason dismissed the special leave petition.

April 1, 2017

168 responses on "Badshah vs. Sou. Urmila Badshah Godse & Anr"

  1. This page definitely has all of the information I needed concerning this subject and didn’t know who to ask.

  2. Hi! Do you know if they make any plugins too assist with SEO?
    I’m trying to get my bloog to rank for skme targeted
    keywords but I’m not seeing very good gains.
    If you know of aany please share. Appreciate it!

  3. This is the very best search system in the planet

  4. Very good write-up. I definitely appreciate this website. Thanks!

  5. Good article. I definitely appreciate this website. Continue the good work!

  6. Good article piece. I surely appreciate this site . Thanks!

  7. Thank you greatly for your precious time in writing this article.

  8. Hi There! We are looking for experienced people that might be interested in from working their home on a part-time basis. If you want to earn $200 a day, and you don’t mind writing some short opinions up, this is the perfect opportunity for you! Simply check out the link here NOW!

  9. Thank you so much for your time in writing this article.

  10. I appreciate a lot for your great effort in writing this blogpost.

  11. I am curious to find out what blog system you’re working with? I’m experiencing some small security issues with my latest blog and I’d like to find something more risk-free. Do you have any recommendations?

  12. Excellent blog here! Also your website loads up fast! What web host are you using? Can I get your affiliate link to your host? I wish my site loaded up as fast as yours lol

  13. I’m impressed, I must say. Really rarely do I encounter a weblog that’s both educative and entertaining, and let me tell you, you will have hit the nail on the head. Your idea is excellent; the issue is something that not enough individuals are talking intelligently about. I’m very completely happy that I stumbled throughout this in my seek for one thing regarding this.

  14. Hey there! Quick question that’s completely off topic. Do you know how to make your site mobile friendly? My site looks weird when viewing from my iphone4. I’m trying to find a template or plugin that might be able to resolve this issue. If you have any recommendations, please share. With thanks!

  15. Hi there this is kinda of off topic but I was wondering if blogs use WYSIWYG editors or if you have to manually code with HTML. I’m starting a blog soon but have no coding know-how so I wanted to get guidance from someone with experience. Any help would be greatly appreciated!

  16. Hi, I am so glad I found this web page, I actually discovered you by accident, while I was searching on Aol for garageband. Regardless I’m here now and would really like to say many thanks for a wonderful post and the all round enjoyable site (I furthermore enjoy the theme), I do not have sufficient time to browse it all at the moment yet I have bookmarked it and even added in the RSS feeds, so when I have sufficient time I’ll be returning to go through a great deal more. Please do keep up the excellent work.

  17. great post, very informative. I wonder why the other specialists of this sector don’t notice this. You must continue your writing. I’m confident, you have a huge readers’ base already!

  18. How can I add a link to my website from a Joomla website?

  19. How do I copy Firefox bookmarks between users on the same computer?

  20. Can I make use of Joomla to update a purely CODE coded website (I indicate a site that is not designed using Joomla)?

  21. Okay therefore I’m to write a creative composing essay on my own personal utopia and the things i would like it to be like and everything that. Now i am having issues starting though. I cannot seem to think of a good launch that would lead to my thesis—which i don’t even have..

  22. I am considering creating ebook of content that are not copyrighted.. How, where can I go to get it?.

  23. I want to compose an article on my internet site to share with people. How can I be sure that no one copies what I have got written and claim it as their own? Is there some place where I can “register” my work so that I possess proof that it’s my work and no 1 else will be able to claim it as their own?.

  24. I’m wanting to begin a blog to get my pictures business. What free blog page would be finest?.

  25. I place a WordPress blog on my site a few times ago, and I was simply curious about just how it works. So I just want to know if all the posts are saved into a single file or if they are different for each post. Then I also want to know where they can be available on my server. Thanks.

  26. A person necessarily lend a hand to make seriously articles I would state. That is the very first time I frequented your web page and so far? I amazed with the analysis you made to make this particular submit incredible. Wonderful process!

  27. Hello. And Bye.

  28. I recently did a system regain on my computer and also have yet to reload my antivirus software program. Apparently somewhere along the procedure something known as Antivi took over my pc and I can’t do anything, not really get to my task supervisor to end this program. Any advice?.

  29. Best Way To Take Priligy Levitra Tablets Cialis Generic Forum

  30. Canadiandrug Pill price levitra Viagra Farmaco Da Banco

  31. |It is an extremely attractive point to do and it’s my mission to take girls out of their comfort zone and get them twerking.|Nevertheless,

  32. Can You Buy Prednisone In Mexico viagra cialis Baclofene Libido

  33. I possess heard of websites and kind of know what they are. My question is exactly what do you write on the blog, like stuff that is on your mind or simply whatever? And what websites can i logon to to begin blogs?.

  34. Tips on how to transfer my blog from blogspot to paid hosting?

  35. There are some fascinating closing dates on this article but I don’t know if I see all of them heart to heart. There’s some validity however I’ll take hold opinion until I look into it further. Good article , thanks and we would like extra! Added to FeedBurner as well

  36. Why do copyright slots only enable people from certain countries to view their particular content?

  37. Free Viagra Samples By Mail online pharmacy Pro Cialis 20 Mg

  38. How do I get traffic to a blog upon blogger?

  39. Excellent domain that is redirecting it sights to my main site. I want to develop a wordpress site on that domain but i cant access my admin pertaining to wordpress since it just redirects me to my primary site. I don’t wish to take my domain away redirect till the wordpress site is completed. So what will i do?. It is redirected thru my registrar. How might i login with my IP?.

  40. Amoxicillin And Mononucleosis viagra Compra Cialis Chile

  41. Didanosine cheap cialis Generic Viagra For Woman

  42. Propecia Hormone cialis Online Viagra Forum

  43. Uses Cephalexin For Skin And Muscle buy viagra online Xenical At Boots

  44. Dental Abcess Pediatric Allergy To Amoxicillin online pharmacy Viagra Senza Ricetta Germania

  45. Cytotec Posologie buy cialis Viagra Pour Femme

  46. Definitely believe that which you stated. Your favorite justification seemed to be on the net the easiest thing to be aware of. I say to you, I definitely get annoyed while people think about worries that they just don’t know about. You managed to hit the nail upon the top and also defined out the whole thing without having side-effects , people could take a signal. Will likely be back to get more. Thanks

  47. Today, I went to the beach front with my kids. I found a sea shell and gave it to my 4 year old daughter and said “You can hear the ocean if you put this to your ear.” She put the shell to her ear and screamed. There was a hermit crab inside and it pinched her ear. She never wants to go back! LoL I know this is totally off topic but I had to tell someone!

  48. Buy Tadacip Cipla viagra Viagra Similar

  49. Acquistare Viagra Bari cialis online Cialis Tadalafil 80 Mg

  50. Hey, you used to write magnificent, but the last few posts have been kinda boring… I miss your great writings. Past several posts are just a little out of track! come on!

  51. Amoxicillin Tempature Rise cialis buy online Ditropan On Amazon

  52. What will be a good college where I can major in creative writing?

  53. I simply desired to thank you so much all over again. I do not know the things that I could possibly have made to happen without the entire ideas shown by you directly on such a area of interest. It truly was a real troublesome issue in my view, nevertheless considering the specialised style you handled it made me to cry for joy. I am happier for this work and thus wish you recognize what an amazing job that you are carrying out educating men and women thru your web page. Probably you have never come across all of us.

  54. Thanks for the update, can you make it so I get an email sent to me when you make a new post?

  55. We are constantly signing in and out of my college site and it is rather annoying to always have to type in my user id. It utilized to be kept, but then I updated Opera and it won’t save… If anyone could show make Chrome remember that would be great. Thanks..

  56. I am beginning a business selling various baby things that I make. And I want to start a website to be able to sell all of them on. Can anyone tell me the steps that I would need to move through to do this? And what may be the cost?. Thanks..

  57. Its such as you learn my mind! You appear to know so much about this, such as you wrote the book in it or something. I think that you can do with a few percent to pressure the message home a bit, however other than that, that is excellent blog. A fantastic read. I will certainly be back.

  58. What is the easiest way to get updates from my subscribed blogs?

  59. Hi there just wanted to give you a quick heads up and let you know a few of the images aren’t loading properly. I’m not sure why but I think its a linking issue. I’ve tried it in two different internet browsers and both show the same results.

  60. It’s in reality a nice and helpful piece of information. I’m happy that you just shared this useful information with us. Please stay us informed like this. Thanks for sharing.

  61. Thanks for the different tips shared on this site. I have realized that many insurance carriers offer consumers generous discounts if they favor to insure a few cars together. A significant quantity of households include several automobiles these days, particularly people with older teenage kids still living at home, as well as the savings upon policies might soon increase. So it pays off to look for a good deal.

  62. A visitor who’ll seek after to a genuine desert excursions can participate in different angles regarding them say for instance a BBQ Dinner, Dune Safari, Overnight desert safari, and so on. Such treks can energize and will likewise take sightseers over the great sand rises. There are likewise puts the area where the vehicle stop, the ones can click photographs

  63. Other than camel safaris in the place, the quad bicycles are another awesome technique for looking at the allure of the range. Thus, vacationers can enjoy the air of the popular vacation destination inside their own pace by riding the quad bicycles in this way inspire this to visit an astonishing and wonderful one. The night visits will be the most prominent ones.

  64. Desert Safari Deals You can get plenty of desert safari deals from us which will help you plan your trip without any hassles at all. All you have to do is select the deal that fits your budget from below and we will take care of the rest.

Leave a Message

Your email address will not be published.

ABOUT PLA

PLA offers extensive Training Programmes to help you succeed in fiercely competitive examinations like CLAT and other Law entrance exams in India. Our passion is to help you create a successful career in Law.

Who’s Online

There are no users currently online
top
Copyright © 2017. Pahuja Law Academy
Designed & Developed By : Asap Comm Ind
Registration Opens For Judiciary Coaching


X