1980 (5) TMI 113 - SC - Indian Laws

Summary

Issues Involved:
1. Interpretation of Section 127(3)(b) CrPC.
2. Compliance with Section 127(3)(b) CrPC.
3. Adequacy of mahr payment as maintenance.
4. Judicial adherence to precedents.
5. Social justice implications for divorced women.

Detailed Analysis:

1. Interpretation of Section 127(3)(b) CrPC:
The core issue revolves around the interpretation of Section 127(3)(b) of the CrPC. The Supreme Court emphasized that the provision must be read in light of its social justice purpose, which is to prevent destitution of divorced women. The Court criticized the lower courts for misinterpreting this provision and circumventing the precedent set in Bai Tahira v. Ali Hussain Fidaalli Chothia, which clearly outlined the requirements for compliance with Section 127(3)(b).

2. Compliance with Section 127(3)(b) CrPC:
The Court found that the respondent-husband's payment of Rs. 500 as mahr and Rs. 750 for iddat period did not fulfill the requirements of Section 127(3)(b). The provision mandates that the sum paid at the time of divorce must be sufficient to maintain the divorced wife, and the amount paid in this case was deemed "illusory" and insufficient to meet the maintenance needs of the appellant.

3. Adequacy of mahr payment as maintenance:
The judgment highlighted that the mahr amount of Rs. 500 was inadequate to maintain the appellant. The Court reiterated that the purpose of Section 127(3)(b) is to ensure that the lump sum payment made at the time of divorce is a reasonable substitute for ongoing maintenance. The Court criticized the lower courts for accepting a nominal mahr payment as a discharge of the husband's maintenance obligation, thereby violating the spirit of the law.

4. Judicial adherence to precedents:
The Supreme Court underscored the importance of judicial discipline and adherence to precedents. The lower courts were criticized for attempting to distinguish the Bai Tahira case on untenable grounds. The judgment emphasized that no judge in India, except a larger Bench of the Supreme Court, can deviate from the binding ratio of a Supreme Court decision. The Court noted that the High Court's approach was a misapplication of the law and an embarrassment to the subordinate judiciary.

5. Social justice implications for divorced women:
The judgment stressed the broader social justice implications of the case, noting that the statutory provisions in Sections 125-127 CrPC are designed to protect destitute women and children. The Court highlighted that the law aims to prevent divorced women from being driven to destitution and to ensure they receive adequate maintenance. The judgment criticized the lower courts for undermining these social justice objectives by accepting inadequate mahr payments as a substitute for maintenance.

Summary:
The Supreme Court reversed the lower courts' decisions, emphasizing the need for a humane and just application of Section 127(3)(b) CrPC. The judgment reaffirmed the precedent set in Bai Tahira, clarifying that nominal mahr payments cannot discharge a husband's maintenance obligation unless they are sufficient to prevent the wife's destitution. The Court highlighted the importance of judicial adherence to precedents and the broader social justice goals of the maintenance provisions in the CrPC. The appeal was allowed, ensuring that the appellant received the maintenance due to her.