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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Sukadev Majhi – Appellant
Versus
Sarojini Majhi – Respondent
| Table of Content |
|---|
| 1. challenge to maintenance order based on marital status (Para 1 , 2) |
| 2. disputed marriage and improper appreciation of evidence (Para 3) |
| 3. criteria for maintenance under crpc and evidence appreciation (Para 4 , 5 , 6 , 7) |
| 4. penalty for suppression of facts in court (Para 8) |
| 5. final order of dismissal and costs imposed (Para 9) |
Judgment :
G. Satapathy, J.
1. This RPFAM by the petitioner seeks to challenge the impugned order dated 10.05.2024 passed by the learned Judge Family Court, Keonjhar in Criminal Petition No.32 of 2014 granting maintenance to each of the Opposite Parties @ Rs.7,500/- per month as maintenance with further direction to pay the arrear maintenance with effect from the date of filing of the application on 24.03.2014 within three months with further stipulation for realization of the amount through process of the Court, if the same is not paid by the Petitioner.
2. The facts in precise are that the Opposite Party No.1 claiming her to be the legally married wife of the Petitioner has filed a proceeding before the learned Judge Family Court, Keonjhar for grant of maintenance to her and her daughter, but the Petitioner on being noticed took a stand that th
In maintenance proceedings under Section 125, proof of cohabitation suffices to establish entitlement, not strict proof of marriage, reaffirming the provision's purpose of social justice.
A petitioner seeking maintenance under Section 125 Cr.P.C. must prove a marital relationship, albeit with a less strict standard of proof.
Wife has reasonable cause to live separately when her husband has concealed factum of his earlier marriage.
In maintenance proceedings under Section 125 Cr.P.C., strict proof of marriage is not required; cohabitation can establish a presumption of marriage.
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 ....
Maintenance can be awarded for children in utero under Section 125, provided legal criteria and evidence are sufficiently met.
Strict proof of marriage is not necessary in proceedings under Section 125 of CrPC for the purpose of granting maintenance.
In maintenance proceedings under Section 125 Cr.P.C., strict proof of marriage is not necessary, but reasonable evidence of divorce from a previous spouse is required to establish marital status.
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