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S. G. CHATTOPADHYAY
Rabia Begam – Appellant
Versus
Mansur Ali – Respondent
| Table of Content |
|---|
| 1. petitioner's marriage and circumstances of case. (Para 1 , 2) |
| 2. respondent's denial of marriage and evidence issues. (Para 3 , 9 , 10 , 11) |
| 3. court's detailed examination of evidence. (Para 6 , 8 , 12) |
| 4. dismissal of the petition. (Para 7) |
| 5. standard of proof for maintenance under section 125 cr.p.c. (Para 13) |
JUDGMENT
S.G. Chattopadhyay, J. - By means of filing this criminal revision petition under section 397 read with section 401 of the Code of Criminal Procedure, 1973 (Cr.P.C hereunder), Petitioner Smt. Rabia Begam has challenged the impugned judgment and order dated 05.04.2021 passed by the Family Court, Kailashahar in Crl. Misc. (125)-04 of 2020 declining to grant maintenance allowance to the petitioner in a proceeding under section 125 Cr.P.C.
2. Factual background of the case is as under:
Petitioner Rabia Begam filed a petition under section 125 Cr.P.C in Family Court, Kailashahar alleging that she was married to the respondent on 20.02.2009 in accordance with rites of Muslim marriage. After marriage, she accompanied her husband to his place. A Kabinnama was also executed on 15.06.2016. She claimed that she was married to the respondent during the subsistenc
A petitioner seeking maintenance under Section 125 Cr.P.C. must prove a marital relationship, albeit with a less strict standard of proof.
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.
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 ....
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....
The main legal point established is that under section 125 of the Code of Criminal Procedure, a spouse who is capable of maintaining themselves may be denied maintenance allowance, but the responsibi....
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 ....
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.
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