Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 – s.125 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 – s.125 – Maintenanceunder, claimed by wife – Standard of proof required to provemarriage – Marriage between appellant No.1-wife (PW-1) andrespondent-husband was solemnized against the wishes of theirparents – Appellant No.2-daughter and appellant no.3-son wereborn out of the wedlock – However, after some time respondentallegedly started harassing the appellant no.1 and neglected thechildren – Appellant no.1 claimed maintenance – Respondent deniedthe factum of marriage – Family Court allowed the appellant’s claimand ordered maintenance of Rs.3,000/- p.m to appellant No.1 andRs.2,500/- p.m to each of the appellants nos.2 and 3 – High Courtset aside the order holding that appellant no.1 was unable to provethat she is the legally wedded wife of the respondent – Held: Basedon the evidence of PW-1 and the birth certificates of the childrenand the photos, the Family Court rightly held that appellant no.1has proved valid marriage between her and the respondent – Unlikematrimonial proceedings where strict proof of marriage is essential,in the proceedings u/s.125 CrPC, such strict standard of proof isnot necessary as it is summary in nature meant to prevent vagrancy– Law presumes in favour of marriage and against concubinagewhen a man and woman have cohabited continuously for a numberof years – Based upon oral and documentary evidence, when theFamily Court held that there was a valid marriage, the High Courtbeing the Revisional Court had no power to reassess the evidenceand substitute its views on findings of fact – Appellant No.1 beingthe wife and appellants no.2 and 3 being their children are entitledto claim maintenance u/s.125 CrPC – Respondent to pay arrears ofmaintenance as directed by the Family Court within two monthsand also continue to pay the maintenance to the appellants –Appellants at liberty to move the Family Court for enhancement ofthe maintenance. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2018 INSC 984 |
Petitioner | Kamala And Others |
Respondent | M.r. Mohan Kumar |
SCR | [2018] 13 S.C.R. 505 |
Judgement Date | 2018-10-24 |
Case Number | 2368 |
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