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RAM MANOHAR NARAYAN MISHRA
Priyanka Singh – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. reassessment of maintenance claim based on potential marital status. (Para 1 , 2 , 3) |
| 2. contextual account of claims and defenses presented by parties. (Para 4 , 10 , 11 , 13 , 20) |
| 3. summary proceedings necessitate a less strict proof of marriage. (Para 7 , 8 , 9 , 24) |
| 4. legal principles for validating marriages under hindu law. (Para 14 , 15 , 18) |
JUDGMENT
Ram Manohar Narayan Mishra, J.
By means of the present Criminal Revision, the revisionist has assailed the judgment and order dated 23.06.2022 passed by learned Additional Principal Judge, Court No.1, Family Court, Lucknow in Criminal Case No.242 of 2016, under Section 125 Cr.P.C., Priyanka Singh v. Amar Nath Kushwaha , whereby the petition under Section 125 Cr.P.C. filed by applicant Priyanka Singh (present revisionist) has been dismissed.
2. Heard learned counsel for the revisionist and learned A.G.A. for the State-respondent and perused the material available on record.
3. The factual matrix of the case in brief are that petitioner instituted a case under section 125 Cr.P.C. before the court below against her husband (respondent No.2 at present) with a prayer to be granted Rs. 14,000/- as maintenance from h
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.
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.
(1) Standard of proof of marriage in a Section 125, Cr.P.C. proceeding is not as strict as is required in a trial for an offence under Section 494 IPC.(2) Order passed in application under Section 12....
`(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.
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 ....
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.
Wife entitled to maintenance under Section 125 CrPC where husband fails to prove adultery or unjust refusal to cohabit; award upheld based on evidence of husband's business/land income contra labour ....
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.
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