Skip to content

Advocatetanmoy Law Library

Encyclopedia & Legal Research

Afghanistan Albania Algeria Andorra Angola Antigua & Barbuda Argentina Armenia Aruba Australia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bermuda Bhutan Bolivia Bosnia & Herzegovina Botswana Brazil British V. Islands Brunei Bulgaria Burkina Faso Burundi Cambodia Cameroon Canada Carrib. Netherlands Cayman Island Chile China Colombia Congo DRC Congo Republic Costa Rica Cote d’Ivoire Croatia Cuba Curaçao Cyprus Czechia Denmark Djibouti Dominica Dominican Republic Ecuador Egypt El alvador Estonia Ethiopia Fiji Finland France French Polyn Gabon Georgia Germany Ghana Gibraltar Greece Grenada Guadeloupe Guam Guatemala Guernsey Guinea-Bissau Guyana Haiti Honduras Hong Kong Hungary Iceland India Indonesia Iran ​Iraq Ireland Isle of Man Israel Italy Jamaica Japan Jersey Jordan Kazakhstan Kenya Kosovo Kuwait Kyrgyzstan Laos Latvia Lebanon Liberia Libya Liechtenstein Lithuania Luxembourg Macao Madagascar Malawi Malaysia Maldives Mali Malta Martinique Mauritius Mexico Moldova Monaco Mongolia Montenegro Morocco Mozambique Myanmar/Burma Namibia Nepal Netherlands New Caledonia New Zealand Nicaragua Niger Nigeria North Macedonia Northern Mariana Islands Norway Oman Pakistan Palestine Panama Papua New Guinea Paraguay Peru Philippines Poland Portugal Puerto Rico Qatar Réunion Romania Russia Rwanda Saint Lucia St Vincent & Grenadines Samoa Saudi Arabia Senegal Serbia Seychelles Sierra Leone Singapore Slovakia Slovenia Somalia South Africa South Korea Spain Sri Lanka St. Kitts & Nevis Sudan Suriname Swaziland Sweden Switzerland Syria Taiwan Tajikistan Tanzania Thailand Togo Trinidad & Tobago Tunisia Turkey Turkmenistan UAE U.S. Virgin Islands Uganda Ukraine UK United States Uruguay Uzbekistan Vatican City Venezuela Vietnam Yemen Zambia

  • Home
    • SITE UPDATES
  • Constitutions
  • Dictionary
  • Law Exam
  • Pleading
  • Index
  • Notifications
  • Indian Law
  • Articles
  • Home
  • 2021
  • June
  • 14
  • Constitutional vision of Justice in connection with Sec 125 of Cr.P.C
  • CIVIL

Constitutional vision of Justice in connection with Sec 125 of Cr.P.C

Of late, in this very direction, it is emphasized that the Courts have to adopt different approaches in "social justice adjudication", which is also known as "social context adjudication" as mere "adversarial approach" may not be very appropriate. There are number of social justice legislations giving special protection and benefits to vulnerable groups in the society.
4 min read

© Advocatetanmoy Law Library

  • Click to share on Facebook (Opens in new window)
  • Click to share on Twitter (Opens in new window)
  • Click to share on WhatsApp (Opens in new window)
  • More
  • Click to share on Tumblr (Opens in new window)
  • Click to share on Skype (Opens in new window)
  • Click to share on Reddit (Opens in new window)
  • Click to share on Pocket (Opens in new window)
  • Click to share on Pinterest (Opens in new window)
  • Click to share on Telegram (Opens in new window)
  • Click to share on LinkedIn (Opens in new window)
image_printPrint

Supreme Court of India

Badshah v. Sou. Urmila Badshah Godse and another

2014 AIR SCW 256= 2014 (1) SCC 188=AIR 2014 SC 869

MRS . RANJANA DESAI, A. K. SIKRI, JJ

While dealing with the Sec. 125 of Cr.PC where the husband duped his wife by not revealing the truth of his first marriage, the
Hon’ble Apex Court has observed in para 17, 18, 19, 20, 25 as under:

17. ………………………… purposive interpretation needs to be given to the provisions of Section 125,Cr.P.C. While dealing with the application of destitute wife or hapless children or parents under this provision, the Court is dealing with the marginalized sections of the society. The purpose is to achieve “social justice” which is the Constitutional vision, enshrined in the Preamble of the Constitution of India. Preamble to the Constitution of India clearly signals that we have 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. Therefore, it becomes the bounden duty of the Courts to advance the cause of the social justice. While giving interpretation to a particular provision, the Court is supposed to bridge the gap between the law and society.

18. Of late, in this very direction, it is emphasized that the Courts have to adopt different approaches in “social justice adjudication”, which is also known as “social context adjudication” as mere “adversarial approach” may not be very appropriate. There are number of social justice legislations giving special protection and benefits to vulnerable groups in the society.

Prof. Madhava Menon describes it eloquently:

“It is, therefore, respectfully submitted that “social context judging” is essentially the application of equality jurisprudence as evolved by Parliament and the Supreme Court in myriad situations presented before courts where unequal parties are pitted in adversarial proceedings and where courts are called upon to dispense equal justice. Apart from the socialeconomic inequalities accentuating the disabilities of the poor in an unequal fight, the adversarial process itself operates to the disadvantage of the weaker party. In such a situation, the Judge has to be not only sensitive to the inequalities of parties involved but also positively inclined to the weaker party if the imbalance were not to result in miscarriage of justice. This result is achieved by what we call social context judging or social justice adjudication.”

19. Provision of maintenance would definitely fall in this category which aims at empowering the destitute and achieving social justice or equality and dignity of the individual. While dealing with cases under this provision, drift in the approach from “adversarial” litigation to social context adjudication is the need of the hour.

20. The law regulates relationships between people. It prescribes patterns of behavior.

It reflects the values of society. The role of the  Court is to understand the purpose of law in society and to help the law achieve its purpose. But the law of a society is a living organism. It is based on a given factual and social reality that is constantly changing. Sometimes change in law precedes societal change and is even intended to stimulate it. In most cases, however, a change in law is the result of a change in social reality. Indeed, when social reality changes, the law must change too. Just as change in social reality is the law of life, responsiveness to change in social reality is the life of the law. It can be said that the history of law is the history of adapting the law to society’s changing needs.

In both Constitutional and statutory interpretation, the Court is supposed to exercise direction in determining the proper relationship between the subjective and objective purpose of the law.

25. Thus, while interpreting a statute the court may not only take into consideration the purpose for which the statute was enacted, but also the mischief it seeks to suppress. It is this mischief rule, first propounded in Heydon’s case which became the historical source of purposive interpretation. The court would also invoke the legal maxim construction ut res magis valeat guam pereat, in such cases i.e. where alternative constructions are possible the Court must give effect to that which will be responsible for the smooth working of the system for which the statute has been enacted rather than one which will put a road block in its way. If the choice is between two interpretations, the narrower of which would fail to achieve the manifest purpose of the legislation should be avoided. We should avoid a construction which would reduce the legislation to futility and should accept the bolder construction based on the view that Parliament would legislate only for the purpose of
bringing about an effective result. If this interpretation is not accepted, it would amount to giving a premium to the husband for defrauding the wife. Therefore, at least for the purpose of claiming maintenance under Section 125, Cr.P.C., such a woman is to be treated as the legally wedded wife.


image_printPrint

Related

Tags: Justice Section 125 CrPC.

Continue Reading

Previous: History of Bengal-1756 to 1838-বাঙ্গালার ইতিহাস-শ্রীঈশ্বরচন্দ্র বিদ্যাসাগর
Next: District Muinsiff Madras Act-1835

Latest

  • Interpretation NO.748  [ Same-Sex Marriage Case ]-Judicial Yunan-24/05/2017
  • Fake letters of St Paul to Seneca and fake letters of Seneca to St Paul (1863)
  • পতিতার আত্মচরিত – কুমারী শ্রীমতী মানদা দেবী প্রণীত (Autobiography of a prostitute by Manada Devi-1929)
  • U.S strategy towards sub-saharan Africa-08/08/2022
  • Epistle of Epicurus to Herodotus (260BCE)

CONSTITUTION IPC CRPC CPC EVIDENCE DV POCSO IT IP TP JUVENILE CONTRACT SPECIFIC RELIEF CONSUMER ARBITRATION COMPANY LIMITATION FAMILY LAWS POLLUTION CONTROL BANKING INSURANCE

DOCUMENTS GLOSSARIES JUDGMENTS

  • E-Books 2022  More Documents

Search Google

  • BIBLIOGRAPHY
  • HISTORY
  • PHILOSOPHY
  • RELIGION
  • ENVIRONMENT
  • MEDICAL
  • Contact Us
  • About
  • Disclaimers
  • RSS
  • Privacy Policy
© Advocatetanmoy by Law library.