Supreme Court of India

Bad Shah v. Sou.urmila Badshah Goose & Anr

Neutral citation

Reported as [2013] 10 S.C.R. 259

Bench Ranjana Prakash Desai and A.K. Sikri JJ.

Decided 18 October 2013

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

10 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that there is a non-rebuttable presumption that the Legislature while making a provision like Section 125 Cr.P.C., to fulfill its Constitutional duty in good faith, had always intended to give C relief to the woman becoming "wife" under such circumstances.

Judgment, page 18

From the headnote

Code of Criminal Procedure, 1973 - s.125 -Application under, of respondent no. 1 for maintenance - Contested by petitioner on ground of maintainability - Plea of petitioner that he was already married and the said marriage was subsisting on the date of his alleged marriage with respondent no.1, who, therefore was not the legally wedded wife of petitioner and therefore had no right to move application u/s. 125 CrPC - Held: In the instant case, the marriage between the parties was proved - However, the petitioner was already married - He duped respondent no. 1 by suppressing the factum of

Authorities it was built on

1988 Smt. Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav and Another cited by 15
2005 Savitaben Somabhai Bhatiya v. State of Gujarat and Ors. cited by 12
1978 Ramesh Chander Kaushal v. Veena Kaushal & Ors. cited by 11
1999 Dwarika Prasad Satpathy v. Bidyut Prava Dixit and Anr. cited by 6
1985 Mohd. Ahmed Khan v. Shah Bano Begum and Ors. cited by 5
2010 Chanmuniya v. Virendra Kumar Singh Kushwaha & Anr. cited by 5
2009 Shabana Bano v. Imran Khan cited by 3
2004 Ramesh Chandra Rampratapji Daga v. Rameshwari Ramesh Chandra Daga cited by 3

Where later benches applied it

2025 Urmila Dixit v. Sunil Sharan Dixit and Ors. relied on
2023 Smt. Roopa Soni v. Kamalnarayan Soni relied on
2020 Rajnesh v. Neha & Anr. relied on
2020 Sanjeev Kapoor v. Chandana Kapoor & Ors. relied on
2017 Re: Exploitation of Children Ln Orphanages Ln the State of Tamil Nadu v. Union of Lndia & Ors. relied on
2025 Smt. N. Usha Rani and Anr. v. Moodudula Srinivas referred to
2025 Rina Kumari @ Rina Devi @ Reena v. Dinesh Kumar Mahto @ Dinesh Kumar Mahato and Another referred to
2022 Deepika Singh v. Central Administrative Tribunal and Others referred to
2016 Hiral P. Harsora and Ors. v. Kusum Narottamdas Harsora and Ors. referred to
2016 Richa Mishra v. State of Chhattisgarh and Ors. referred to

Of those, 5 relied on · 5 referred to

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