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IN THE HIGH COURT OF JUDICATURE AT PATNA
BIBEK CHAUDHURI
Kanchan Kumari S/o Shri Sujit Kumar – Appellant
Versus
Sujit Kumar S/o Dukh Haran Yadav – Respondent
| Table of Content |
|---|
| 1. revision against family court's dismissal. (Para 1 , 2) |
| 2. background of the marriage and dowry demands. (Para 3 , 4 , 5) |
| 3. lack of evidence for cohabitation and marriage validity. (Para 6 , 12 , 17) |
| 4. arguments on legal presumption of marriage. (Para 7 , 8 , 9 , 10 , 11) |
| 5. evidence evaluation and marriage proof. (Para 13 , 14 , 15 , 16 , 18) |
| 6. trial judge's findings on evidence. (Para 19) |
| 7. final ruling on maintenance entitlement. (Para 20) |
JUDGMENT :
BIBEK CHAUDHURI, J.
1. The instant revision is directed against the impugned judgment and order dated 19th November, 2022 passed in Maintenance Case No. 124 of 2018 by the learned Principal Judge Family Court, Begusarai, whereby and whereunder, the application under Section 125 of the CrPC was rejected by the learned Principal Judge and as a consequence thereof, Maintenance Case No. 124/2018 was dismissed.
2. The petitioner is the wife in the Maintenance Case before this Court, challenging the impugned order dated 19th November 2022.
3. Marriage between the Petitioner and the Opposite Party was solemnized on 31.01.2016 as per Hindu rites and rituals, at the maternal house of the Petitioner in Vishnupur (District Begusa
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.
In maintenance proceedings under Section 125 Cr.P.C., strict proof of marriage is not required; cohabitation can establish a presumption of marriage.
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.
Power to adjudicate on the issue of maintenance has been given, at the first instance, to the Magistrate, who may upon being satisfied direct the concerned person to provide such maintenance/monthly ....
Point of law: in the absence of material to show that the respondent's alieged first marriage with Smt. Prameela said to have taken place in 1974 was to the knowledge of the petitioner in the Family ....
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.
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....
Strict proof of marriage is not necessary in proceedings under Section 125 of CrPC for the purpose of granting maintenance.
Unlike matrimonial proceedings where strict proof of marriage is essential, in the proceedings under Section 125 Cr.P.C., such strict standard of proof is not necessary as it is summary in nature mea....
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