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Case Name - Savitaben Somabhai Bhatiya v. the State of Gujarat, Appeal (crl.) 399 of 2005
Petitioner - Savitaben Somabhai Bhatiya
Respondent - State of Gujarat and Ors. Date of Judgement - 10/03/2005
Bench -
Arijit Pasayat
S.H. Kapadia
Relevant Sections -
Facts of the case -
The petitioner and the respondent married according to Hindu customs and rites but not legally. thereafter they started living together.
A child was also born out of this relationship.
Everything was going fine for some time but after some time the respondent started neglecting the petitioner and their child.
An application for maintenance was filed and then it was found that the respondent had a more than 22-year-old marriage existing while he lived with the petitioner.
Thereafter, the petitioner has filed for maintenance for herself and their child.
Arguments of the Petitioner –
The learned counsel for the petitioner submitted that there has been fraud and misrepresentation on part of the respondent. That the petitioner was not aware of his previous marriage while she entered into the relationship.
The petitioner contended that she must get receive maintenance from the respondent and the amount fixed for their child must be enhanced taking into account the high cost of living.
Arguments of the Respondent –
The learned counsel for the respondent submitted that the law about the scope of 'wife' is well-settled. He is not bound to pay maintenance to the petitioner as she is not his legally wedded wife.
Judgment of the Case –
The Hon'ble court held that "the legislature considered it necessary to include within the scope of the provision an illegitimate child but it has not done so with respect to a woman not lawfully married. However, desirable it may be, as contended by learned counsel for the petitioner to take note of the plight of the unfortunate woman, the legislative intention is clearly reflected in Section 125 of the Code, there is no scope for enlarging its scope by introducing any artificial definition to include woman not lawfully married in the expression 'wife'."
The plea for the maintenance of the wife was dismissed.
The child however was awarded maintenance and also a lump sum amount with the appellant as the guardian.
Related Case Laws -
Smt. Yamunabai Anantrao Adhav A vs Ranantrao Shivram Adhav And Ors AIR 1988 SC 644.
Lnanak Chand vs Shri Chandra Kishore Agarwala And Ors, AIR 1970 SC 446.
For a more simple understanding, refer to the article " Can a woman get maintenance if she is in a live-in relationship with a married man?" by clicking the button below.