IMPORTANT POINTS
Proceeding u/s 125 being summary in nature an order u/s 125 does not determine rights and obligations of the parties hence strict proof of marriage is not required for claiming maintenance u/s 125.
When the parties live together as husband and wife, there is a presumption that they are legally married couple for claim of maintenance of wife u/s 125.
High Court being the revisional court has no power to reassess the evidence and substitute its views on findings of fact.

JUDGMENT

R. BANUMATHI, J.

These appeals arise out of the judgment dated 16.06.2009 passed by the High Court of Karnataka at Bangalore in R.P.F.C. Nos. 103 of 2008 and 21 of 2009 in and by which the High Court has set aside the judgment of the family court which has directed the respondent to pay maintenance to the appellants – wife and children.

2. Case of the appellants is that marriage between appellant No.1 and respondent was solemnized on 18.07.1998 against the wishes of their parents at Karrighatta temple near Sri Rangapattana and appellant No.2-daughter and appellant No.3-son were born out of the wedlock on 09.05.2001 and 18.07.2003 respectively and they lived in a house on rent in Saraswasthipuram, Mysore. Further case of the appellants is that while the marriage between appellant No.1 and respondent was subsisting, the respondent married one Archana, who was his colleague on 01.04.2005, after which the appellants were neglected by the respondent and he was harassing appellant No.1. Being aggrieved of such treatment from respondent, appellant No.1 filed a police complaint and upon the direction of police, the respondent was paying Rs.3,000/-per month to the appellants towards their maintenance. It is further averred that when they shifted from Saraswathipuram to Chamundipuram, the respondent continued to neglect them. Since appellant No.1 could not maintain herself and her children, she filed a Criminal Miscellaneous No.297/2006 under Section 125 Cr.P.C. claiming maintenance for herself and the children from the respondent.

3. The respondent resisted the maintenance claim contending that he has never married appellant No.1 and denied her contention that appellants No.2 and 3 were born out to him and appellant No.1. The respondent contended that when there is no valid marriage between the parties, petition for maintenance under Section 125 Cr.P.C. cannot be maintained.

4. Upon consideration of evidence, the family court held that appellant No.1 has proved that there is husband-wife relationship between appellant No.1 and respondent and that appellants No.2 and 3 are the children born out of the said wedlock and that the respondent was giving her a monthly maintenance of Rs.3,000/-per month. The family court further held that the case of the appellants is supported by the evidence of PW-2 and PW-3 which clearly establish that they lived under the same roof and the society also accepted them as husband and wife. On those findings, the family court vide its order dated 12.08.2008 allowed the appellant’s claim and ordered maintenance of Rs.3,000/-per month to appellant No.1 and Rs.2,500/-per month to each of the appellants No.2 and 3 from the date of petition till the date of judgment i.e. 12.08.2008. From the date of judgment i.e. 12.08.2008, the respondent was directed to pay maintenance of Rs.2,500/-per month each to appellants No.1 to 3.

5. In appeal, the High Court has set aside the order of the family court and held that appellant No.1 was unable to prove that she is the legally wedded wife of the respondent. The High Court further held that she has not produced any evidence to show that the marriage was solemnized as per custom and she, not being the legally wedded wife, is not entitled for any maintenance.

6. Mr. Girish Ananthamurthy, learned counsel for the appellants submitted that when the parties live as husband and wife under one roof, a presumption arises in favour of the person who asserts the existence of valid marriage. It was submitted that in the instant case, parties have entered into a wedlock in a temple and lived together and begot two children, hence, presumption arises in favour of appellant No.1 and the respondent failed to rebut the said presumption. The learned counsel for the appellants further submitted that the family court after analysing the evidence brought on record, has recorded a finding of fact that appellant No.1 is the legally wedded wife of respondent and that appellants No.2 and 3 ar