Gurudas vs Rasaranjan (2006)
Relevant Court: Supreme Court of India
Facts: Gurudas, the appellant, was engaged in a dispute with his wife, Rasaranjan, regarding the legitimacy of their marriage and the issue of maintenance. Rasaranjan had filed for maintenance under Section 125 CrPC, but Gurudas claimed that they were not legally married and thus no maintenance could be granted. The case centered around whether a woman could claim maintenance under Section 125 CrPC if there was a dispute about the legality of the marriage. Rasaranjan’s argument was that she had been living with Gurudas as his wife, and they had cohabited as such for several years. The central issue was whether the Court could recognize their relationship as valid for the purposes of granting maintenance, even though the legality of the marriage was contested.
Citation:(2006) 8 SCC 702
Issues:
● Whether a woman can claim maintenance under Section 125 CrPC even if the marriage is disputed.
● Whether living together as husband and wife, even without a formal legal marriage, entitles a woman to maintenance.
● Whether Section 125 CrPC applies when the legality of the marriage is questioned.
Relevant Articles:
Article 14 – Right to equality before the law.
Article 21 – Right to life and personal liberty.
Section 125 CrPC – Maintenance of wife, children, and parents.
Judgment: The Supreme Court ruled that Section 125 CrPC allows for maintenance even if the legality of the marriage is disputed, provided there is sufficient evidence that the parties had lived together as husband and wife. The Court clarified that Section 125 is intended to provide maintenance to the wife, irrespective of formalities, as long as the relationship is proven. The Court held that a woman who has lived with a man as his wife, even without a formal marriage, is entitled to maintenance under the provisions of the CrPC. This decision reinforced the welfare principle that a woman should not be left destitute.
-Harinya
Saveetha School of Law
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