ANITA GUPTA Vs. MADAN LAL GUPTA

JUDGEMENT

(1.) "Welfare laws must be so read as to be effective delivery systems of the salutary objects sought to be served by the Legislature and when the beneficiaries are the weaker sections, like destitute women, the spirit of Article 15(3) of the Constitution must belight the meaning of the section. The Constitution is a pervasive omnipresence brooding over the meaning and transforming the values of every measure. So section 125 and sister clauses must receive a compassionate expansion of sense that the words used permit.?

(2.) Little did the petitioner know when she submitted to the amorous adventures of the opposite party which ultimately ended in a 'wedlock' and out of which she presented Ajoy to the opposite party No. 2. The said matrimony after Ajoy came suffered a jinxed situation and having no course open the petitioner preferred a prayer for maintenance which was docketed as Misc. Case No. 64 of 1988 in the Court of the learned Additional Chief Judicial Magistrate, Sealdah. She prayed for relief under section 125 of the Code of Criminal Procedure for herself and her minor child Ajoy. The proceeding of Misc. Case No. 64 of 1988 stood for disposal before the learned Judicial Magistrate, 5th Court, Sealdah.

(3.) During the trial she examined herself as PW 1, her land-lady's daughter as PW 2 who deposed that both the petitioner (PW1) and the opposite party (OPW No. 1) lived as husband and wife in their house where Ajoy was born in 1974. PW 3 was the Medical Officer of the Nursing Home where PW 1 gave birth to Ajoy and he proved the Birth Certificate (Ext. 4) showing here as wife of OPW No. 1. PW 4 was a clerk of the School where Ajoy son of OPW No. 1 was admitted and he proved the Certificate of the Admission Register (Ext. 5). PW 5 proved the Birth Registrar of the Municipal Corporation (Ext.6) showing OPW No. 1 as the father and PW 6 proved Ext. 7, a letter from the LIC.