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2013 (10) TMI 1409 - SC - Indian LawsPresumption of marriage results into claiming of maintenance under Section 125,Cr.P.C. - Wider Interpretation of the term “wife” - HELD THAT:- if man and woman have been living together for a long time even without a valid marriage, then term of valid marriage entitling such a woman to maintenance should be drawn and a woman should be entitled to maintain application under Section 125,Cr.P.C. On the other hand, in the present case, it was proved, by cogent and strong evidence, that they had been married to each other. Where a woman married a man with full knowledge of the first subsisting marriage then she must be aware that second marriage with such a person is impermissible and there is an embargo under the Hindu Marriage Act and therefore she has to suffer the consequences thereof. But, it would not apply to those cases where a man marries second time by keeping that lady in dark about the first surviving marriage. Court gave a purposive interpretation of Section 125,Cr.P.C by considering the application of destitute wife or hapless children or parents, the Court is dealing with the marginalized sections of the society. The purpose is to achieve “social justice”, enshrined in the Preamble of the Constitution of India. Preamble to the Constitution of India states that India has 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. The decision of Capt.Ramesh Chander Kaushal vs. Veena Kaushal (1978) 4 SCC 70 For this reason, Court was not inclined to grant leave and dismiss this petition
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