Yamunabai Anantrao Adhav (Smt.) v. Anantrao Shivaram Adhav : (1988) 1 SCC 530 : AIR 1988 SC 644 : (1988) Cri.L.J. 793. (1988) 1 SCALE 184 : 1988 (1) JT 193 : (1988) SCC(Cri) 182 : (1988) 2 SCR 809 : (1988) 1 Crimes 594 : (1988) 1 AICLR 439 : (1988) 12 AIICRR 178 : (1988) 1 AWC 350 : (1988) 1 BCR 541 : (1988) BLJR 295 : (1988) (90) BLR 96 : (1988) CalCriLR 66 : (1988) EastCriC 279 : (1988) 1 HLR 375 : (1988) 1 KerLJ 204 : (1988) 1 KLT 416 : (1988) 1 MadWN (Cri) 74 : (1988) MhLJ 335 : (1988) MPLJ 223 : (1988) 1 RCR(Criminal) 322 : 1988 LRC Online 6 (SC)
Section 125-Maintenance-An attempt to exclude altogether personal law of parties in proceedings under s. 125 of CrPC is improper.
Held : The attempt to exclude altogether the personal law applicable to the parties from consideration also has to be repelled. The section has been enacted in the interest of a wife, and one who intends to take benefit under sub-section (1)(a) has to establish the necessary condition, namely, that she is the wife of the person concerned. This issue can be decided only by a reference to the law applicable to the parties. It is only where an applicant establishes her status on relationship with reference to the personal law that an application for maintenance can be maintained. Once the right under the section is established by proof of necessary conditions mentioned therein, it cannot be defeated by further reference to the personal law. The issue whether the section is attracted or not cannot be answered except by the reference to the appropriate law governing the parties. In our view the judgment in Shah Bano's case does not help the appellant. It may be observed that for the purpose of extending the benefit of the section to a divorced woman and an illegitimate child the Parliament considered it necessary to include in the section specific provisions to that effect, but has not done so with respect to women not lawfully married.