K.A. Abdul Jaleel Vs. T.A. Shahida, AIR 2003 SC 2525.
Provisions of the Family Courts Act, 1984 should be construed liberally :It is well settled principle of law that the jurisdiction of a court created especially for resolution of disputes of certain kinds should be construed liberally. The restricted meaning if ascribed to Explanation (c) to sub-section (1) of Section 7 of the Family Courts Act, 1984 would frustrate the object where for the Family Courts were set up.
(i) Badshah Vs. Urmila Badshah Godse & Another, (2014) 1 SCC 188 (ii) Dwarika Prasad Satpathi Vs. Bidyut Prava Dixit, AIR 1999 SC 3348
Nature of provisions u/s 125 CrPC is social justice legislation :Nature of provisions u/s 125 CrPC is a social justice legislation. Distinct approach should be adopted while dealing with cases u/s 125 CrPC. Drift in approach from "adversarial" litigation to social context adjudication is needed.
(i) Vijay Kumar Prasad Vs. State of Bihar, (2004) 5 SCC 196. (ii) Savitri Vs. Govind Singh Rawat, (1985) 4 SCC 337.
Nature of proceeding u/s 125 Cr PC is civil :The jurisdiction of magistrate under chapter IX Cr PC is not strictly a criminal jurisdiction. Proceedings u/s 125 CrPC are civil in nature
(i)Shantha Vs. B.G. Shivananjappa, (2005) 4 SCC 468 (ii) Savitaben Vs. State of Gujarat, (2005) 3 SCC 636
Section 125 CrPC to be construed liberallySection 125 CrPC is measure of social legislation and is to be construed liberally for the welfare and benefit of thewife & children.
(i) Nagendrappa Natikar Vs. Neelamma, AIR 2013 SC 1541 (ii) Dwarika Prasad Satpathi Vs. Bidyut Prava Dixit, AIR 1999 SC 3348
Proceeding u/s 125 CrPC summary in natureProceeding u/s 125 CrPC is summary in nature and intended to provide speedy remedy to wife.
Chanmuniya Vs. Virender Kumar Singh
Strict proof of marriage should not be insisted as pre-condition for maintenance u/s 125 CrPC :Construing the term 'wife' broad and expansive
Kushwaha, JT 2010 (11) SC 132.
interpretation should be given to term 'wife' to include even those cases where a man and woman have been living together as husband and wife for a reasonably long period of time, strict proof of marriage should not be a pre-condition for maintenance.