Supreme Court of India · 2005-03-10
SAVITABEN SOMABHAI BHATIYA vs STATE OF GUJARAT .
- Citation / case number
- SC 2004/543
- Court
- Supreme Court of India
- Petitioner
- SAVITABEN SOMABHAI BHATIYA
- Respondent
- STATE OF GUJARAT .
- Author
- ARIJIT PASAYAT
- Bench
- S.H. KAPADIA ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court held that under Section 125 of the Code of Criminal Procedure, 1973, a woman can claim maintenance even if her marriage is not legally recognized, emphasizing that the focus should be on the need for maintenance rather than strict proof of marriage validity. The Court found that the High Court had erred in its technical interpretation, thereby allowing the appeal and reinforcing the entitlement of the appellant to maintenance. The Court upheld the maintenance awarded to the child and enhanced it from Rs. 350 to Rs. 500, effective from the original order date.