Badshah v. Sou. Urmila Badshah Godse & Anr

Issues

• Can a woman from an invalid marriage claim maintenance under Section 125 CrPC?
• Is the father bound to maintain the child when paternity is proved?

Rules

• Section 125 CrPC is a quick relief against destitution. It is beneficial and must be read broadly.
• Courts may treat a woman as a wife for maintenance if strict proof of a valid marriage would cause injustice.
• A father cannot avoid maintenance for a child once paternity is established.

Arguments

Judgment

The Supreme Court dismissed the husband’s petition. It held that the child must be maintained by the father. For the woman, the Court read Section 125 purposively and treated her as a wife for maintenance so that injustice is not done.

Ratio Decidendi

Section 125 CrPC is a social justice remedy. Its terms are to be interpreted to prevent hardship. Where a husband benefits from a technical invalidity of marriage to deny support, courts can treat the woman as a wife for maintenance.

Why It Matters

• Protects women who are misled into marriages and later abandoned.
• Strengthens child rights by confirming unconditional paternal duty.
• Sets a clear message: welfare aims of Section 125 outrank rigid formalism.

Key Takeaways

• “Wife” in Section 125 can be read broadly to stop injustice.
• Child’s maintenance follows from proved paternity—no escape.
• Courts prefer purposive interpretation in welfare statutes.
• Bad faith by a spouse cannot defeat maintenance claims.

Mnemonic + 3-Step Hook

Mnemonic: “BAD-SHAH = Bad faith? Support her.”

1. Benefit of doubt to the vulnerable (woman & child).
2. Aim is welfare, not ritual validity.
3. Duty of father stands firm.

IRAC Outline

Glossary

Section 125 CrPC

Provision for quick maintenance to prevent vagrancy and destitution.

Purposive Interpretation

Reading a law to achieve its aim, not just its literal words.

Invalid Marriage

A marriage that fails legal requirements (e.g., due to subsisting earlier marriage).

FAQs

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