Truth or Law, the hallmark of Justice!?!

Abstract : It may be stated that justice has been deviated in a very recent judgment of the Apex Court in Nandlal 4 case. The Apex Court passed a remark that ‘Truth must triumph’-is the hallmark of justice.’ The Court was anxious to render justice to an undeserving man deviating from the law. The Court has obviously, overruled its precedents which are binding on it.5 The Court had also ignored to invoke purposive rule6 of interpretation. The Court must have restrained itself from the deviation as it was done by the Naaz Foundation case.7 The Court must have laudably and purposively deviated to render justice to deserving woman and child as was done in Badshah v. Sou. Urmila Badshah Godse 8 case. In Badshah case the Apex court has adopted purposive and liberal rule of construction in awarding maintenance under Section 125 of The Code of Criminal Procedure, 1973 (Crpc) without insisting on strict proof of marriage. It was reiterated that strict proof of marriage was not a condition precedent to grant maintenance under Section 125 crpc.