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IN THE HIGH COURT OF JUDICATURE AT PATNA
Bibek Chaudhuri
Sangeeta Devi W/o Pawan Kumar Singh – Appellant
Versus
Pawan Kumar Singh S/o Late Jamuna Singh – Respondent
| Table of Content |
|---|
| 1. the petitioner claims a valid marriage and maintenance. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments on the nature of marriage and maintenance rights. (Para 6 , 7) |
| 3. custom-based marriage and welfare considerations. (Para 8 , 19 , 20 , 21) |
| 4. welfare-oriented provision under section 125 cr.p.c. (Para 22 , 23) |
| 5. conclusion quashing the lower court's order. (Para 26 , 27 , 28 , 29) |
JUDGMENT :
Bibek Chaudhuri, J.
1. The present criminal revision has been filed by the petitioner/revisionist, challenging the order, dated 20.06.2024, passed by learned Principal Judge, Family Court, Kaimur at Bhabhua in Maintenance Case No. 76(M) of 2022, whereby and whereunder, the learned court below dismissed the application under Section 125 Cr.P.C., filed by the petitioner, holding the same to be not maintainable on the ground that the petitioner is not the legally wedded wife of the Opposite Party No.1.
2. The brief fact giving rise to the present revision is that the petitioner claims to have been married with O.P. No. 1 in June, 2010 at Village-Damodarpur, P.S.-Bhabhua, and out of the said wedlock, two sons, namely, Veer Kumar Singh and Virat Kumar Singh, were born. The petitioner contends t
A spouse in a levirate marriage can seek maintenance under Section 125 Cr.P.C. despite claims of invalidity, emphasizing welfare and social justice.
The lack of sufficient evidence for a valid marriage prevents entitlement to maintenance under Section 125 of the CrPC, as demonstrated by insufficient cohabitation and public recognition.
The court affirmed that maintenance under Section 125 of Cr.P.C. can be granted based on a less stringent standard of proof for marriage, emphasizing social justice for women.
Maintenance can be awarded only to a wife who is unable to maintain herself. The Court has to find out what is required by the wife to maintain a standard of living which is neither luxurious nor pen....
Second marriage - Maintenance - Liability of - If wife makes a plea that she was not informed about previous marriage of her husband, that shall be of no avail - Purpose of claiming maintenance under....
Term ‘wife’ in Section 125 of Code of Criminal Procedure, includes a woman who has been divorced by a husband or who has obtained a divorce from her husband and has not remarried.
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