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JITENDRA KUMAR
Nathuni Paswan – Appellant
Versus
State of Bihar – Respondent
Jitendra Kumar, J. – The present Criminal Revision petition has been preferred by the petitioner against the final order dated 14.08.2019, passed by learned Principal Judge, Family Court, Khagaria in Maintenance Case No. 32M of 2014, whereby the petitioner has been directed to pay the O.P. No. 2/Renu Kumari and her daughter Pihu Kumari @ Ruchi Kumari @ Rs. 10,000/- and Rs. 5,000/- respectively per month.
2. The relevant facts of the case are that O.P. No. 2/Renu Kumari had filed Maintenance Case No. 32M of 2014 under Section 125 Cr.PC on 03.07.2014 for her maintenance as well as maintenance to her 2 & ½ years old daughter Pihu Kumari @ Ruchi Kumari, claiming that she is legally wedded wife of the petitioner and her daughter Pihu Kumari @ Ruchi Kumari is born out of the wedlock. As per her claim, her marriage with the petitioner/Nathuni Paswan was solemnized on 25.06.2002 at Shiv Temple, Deoghar as per Hindu Rites and Customs.
3. It has been further alleged by O.P. No. 2/Renu Kumari that the petitioner/Nathuni Paswan had concealed his first marriage with Gulabi Devi and sexually exploited her at Government quarter of Sadar Hospital, Khagaria on the pretext of providing assistance to h
Wife and legitimate child are entitled to maintenance unless proven living in adultery, with allegations requiring strong substantiation.
Once such presumption of a lawful marriage commenced to operate in favour of a marriage which has taken place in fact, such a presumption alone would be good enough to entitle the wife to maintain.
Maintenance obligations under Section 125 Cr.PC are upheld, emphasizing the presumption of legitimacy for children born during marriage, which must be rebutted by clear evidence.
In maintenance proceedings under Section 125 Cr.P.C., strict proof of marriage is not required; a prima facie view of marital status suffices for claims of maintenance.
The Court clarified that a second wife whose marriage is void due to the survival of the first marriage is not entitled to maintenance under Section 125 Cr.P.C. The Court emphasized the need for stri....
Maintenance can be granted under Section 125 Cr.P.C. based on a marriage-like relationship, without strict proof of marriage; primary focus is on neglect and economic capabilities.
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