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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Shivdhan – Appellant
Versus
Manjeet Kaur – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
The present revision petition has been preferred against the impugned order dated 28.02.2024 passed by the learned Family Court, Yamuna Nagar, vide which application filed under Section 125 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') was allowed and maintenance of Rs.6,000/- per month was awarded to be paid to the respondent.
2. The marriage between the petitioner and the respondent was solemnized on 22.09.1996 according to Hindu/Sikh rites and rituals. Out of this wedlock, no child was born. However, matrimonial dispute ensued between the couple and the respondent filed an application under Section 125 Cr.P.C. seeking maintenance of Rs.25,000/- per month. The petitioner filed a reply and contested the claim made by the respondent. The learned Family Court vide order dated 28.02.2024 granted maintenance allowance of Rs.6,000/- per month in favour of the respondent. Aggrieved by the same, the petitioner has approached this Court by filing the present petition.
3. Learned counsel for the petitioner, inter alia, contends that provisions of Section 125 Cr.P.C. can only be invoked by a legally wedded wife. The petitioner is Muslim whereas
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....
`(1) Only a legally wedded wife can claim maintenance under Section 125 of Cr.P.C.(2) Decree of divorce can only be granted by Court and divorce by agreement is not valid in eyes of law.
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.
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.
The court established that maintenance claims under different statutes must be adjusted to prevent overlapping and ensure fair support for dependents.
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.
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 ....
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