Strict proof of marriage, not required in summary ‘maintenance’ proceedings under Section 125 CrPC: Bombay HC [Read Judgment]
9 years, 3 months ago

Strict proof of marriage, not required in summary ‘maintenance’ proceedings under Section 125 CrPC: Bombay HC [Read Judgment]

Live Law  

The JMFC had failed to appreciate that the proceedings under Section 125 of Cr.P.C. In proceedingsof this nature, there is no question of insistence upon strict proof, the court said.Bombay HC has held that in matters of awarding maintenance under Section 125 of Code. Bombay HC has held that in matters of awarding maintenance under Section 125 of Code of Criminal Procedure, strict proof with regard to marriage is not necessary. He had submitted that the Revisional Court could not have awarded any maintenance under Section 125 of CrPC upon spacious pleathat he had not obtained from any declaration as to nullity of marriage. The court further added that the proceedings under Section 125 of CrPC and orders made therein are never intended to affect the civil rights of the parties.

Nature Marriage Court Maintenance Proceedings Jmfc Petitioner Proof Strict Bombay Hc Section 125 125 Crpc No Question Section 125 Of Strict Proof This Nature  marriage  125  crpc  hc  proceedings  court  judgment  required  summary  nature  parties  read  proof  maintenance  strict

History of this topic

Marriage Under Special Marriage Act Not Illegal Only Because Either Spouse Did Not Live In The District Where Marriage Was Registered For 30 Days: Bombay HC
Trending News
3 weeks, 1 day ago

Marriage Under Special Marriage Act Not Illegal Only Because Either Spouse Did Not Live In The District Where Marriage Was Registered For 30 Days: Bombay HC

Live Law  

A marriage duly certified under the Special Marriage Act, 1954 cannot be deemed illegal or void just because either of the spouses did not comply with section 5 of the Act, which mandates one of them to live in the district, where they register their marriage, for 30 days, the Bombay High Court held on Friday. A division bench of …

Women entitled to maintenance from second husband even if previous marriage legally subsisting: Supreme Court
1 month, 2 weeks ago

Women entitled to maintenance from second husband even if previous marriage legally subsisting: Supreme Court

The Hindu  

The Supreme Court of India has held that a woman would be entitled to claim maintenance under Section 125 of the Code of Criminal Procedure from her second husband even if her previous marriage was legally subsisting. Directing the second husband to pay maintenance to his estranged wife, the top court said, "In the opinion of this court, when the …

Strict Proof Of Marriage Not Required To Claim Maintenance When Couple Have Been Living As Husband & Wife For Long Time: Calcutta HC
3 months, 3 weeks ago

Strict Proof Of Marriage Not Required To Claim Maintenance When Couple Have Been Living As Husband & Wife For Long Time: Calcutta HC

Live Law  

The Calcutta High Court has held that strict proof of marriage is not required while claiming maintenance under section 125 CrPC for a couple who had been living as husband and wife for a prolonged period of time. Justice Ajay Kumar Gupta held: "Where a man and woman have been living together as husband and wife for a reasonable long …

High Court Rules on Adultery Allegations Against Wife in Maintenance Case
4 months, 3 weeks ago

High Court Rules on Adultery Allegations Against Wife in Maintenance Case

Live Law  

The Allahabad High Court has ruled that allegations of adultery against a wife must be decided before the application for maintenance under Section 125 CrPC. The court observed that the Trial Court had made no observation regarding the allegations of adultery on part of the wife, granting interim stay on the order of the Trial Court.

Nullity Of Marriage Doesn't Bar Wife From Claiming Maintenance: Madras High Court
7 months ago

Nullity Of Marriage Doesn't Bar Wife From Claiming Maintenance: Madras High Court

Live Law  

While refusing to interfere with an order granting maintenance to the wife, the Madras High Court said that it was a settled position that even if a marriage was declared null by a competent court, it would not bar the wife from claiming maintenance. “Now even more or less well settled to the effect that nullity of marriage even if …

Strict Proof Of Marriage Can't Be Condition Precedent For Claiming Maintenance: Punjab & Haryana High Court
11 months ago

Strict Proof Of Marriage Can't Be Condition Precedent For Claiming Maintenance: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that a prolonged cohabitation as husband and wife would entitle partners to maintenance even if even if performance of essential ceremonies is not proved.The Court rejected the plea challenging the maintenance order on the ground that essential marriage ceremonies were not performed, wherein the parties were "cohabitating as husband and. …

General Tendency For Wife To Amplify Needs & For Husband To Conceal Actual Income; Quantum Of Maintenance Must Be Balanced By Court: Punjab & Haryana HC
11 months ago

General Tendency For Wife To Amplify Needs & For Husband To Conceal Actual Income; Quantum Of Maintenance Must Be Balanced By Court: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has made it clear that the quantum of maintenance granted to the wife under Section 125 CrPC must be justifiable and realistic to avoid hardships to either of the spouses.Justice Harpreet Singh Brar said, "there is a general tendency on the part of the wife to amplify her needs and the husband to conceal …

'Wife' Entitled To Maintenance Under Section 125 CrPC Even If Marriage Was Not Legal: Madras High Court
1 year, 8 months ago

'Wife' Entitled To Maintenance Under Section 125 CrPC Even If Marriage Was Not Legal: Madras High Court

Live Law  

The Madras High Court recently held that even if a marriage was not legal due to the existence of a first marriage, the second wife and the children born out of the second marriage will be entitled to maintenance under Section 125 of the Code of Criminal Procedure. Justice K Murali Shankar of the Madurai bench was dealing with a …

Wife's Right To Maintenance Forfeited U/S 125(4) CrPC Only When Acts Of Adultery Are Committed Repeatedly: Delhi High Court
2 years, 11 months ago

Wife's Right To Maintenance Forfeited U/S 125(4) CrPC Only When Acts Of Adultery Are Committed Repeatedly: Delhi High Court

Live Law  

The Delhi High Court has reiterated that only continuous and repeated acts of adultery or cohabitation in adultery would attract the rigours of the provision under Section 125 of the Code of Criminal Procedure. The Court noted that the law emanating from various precedents of the Supreme Court and various High Courts establishes the position of payment of maintenance holding …

When A Man Marries A Woman Knowing Fully That She Was Not Legally Divorced From Her Earlier Marriage Can't Plead Invalidity Of Marriage In 125 Proceedings: Chhattisgarh HC
4 years, 1 month ago

When A Man Marries A Woman Knowing Fully That She Was Not Legally Divorced From Her Earlier Marriage Can't Plead Invalidity Of Marriage In 125 Proceedings: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court has held that a man, who marries a woman knowing fully well that her earlier marriage has not ended in a valid divorce, is estopped from raising plea of invalidity of marriage in maintenance proceedings under Section 125 of CrPC. The observation was made by a Single Bench of Justice Rajendra Chandra Singh Samant while presiding …

Strict Proof Of Performance Of Essential Marriage Rites Not Required In Plea For Maintenance U/S 125 CrPC: Allahabad High Court
4 years, 2 months ago

Strict Proof Of Performance Of Essential Marriage Rites Not Required In Plea For Maintenance U/S 125 CrPC: Allahabad High Court

Live Law  

The Allahabad High Court has held that while claiming maintenance under Section 125 of CrPC, a party need not furnish strict proof of performance of essential rites of marriage. A Single Bench of Justice Raj Beer Singh has held that if from the evidence which is led, the Magistrate/ court is prima facie satisfied with regard to the performance of …

Wife Not Entitled To Maintenance If Allegation Of Adultery Is Proved Against Her: Bombay HC [Read Order]
5 years, 2 months ago

Wife Not Entitled To Maintenance If Allegation Of Adultery Is Proved Against Her: Bombay HC [Read Order]

Live Law  

The Bombay High Court has held that if allegations of adultery are proved against the wife in a marriage, she is not entitled to maintenance Justice NW Sambre was hearing two criminal writ petitions filed by one Sanjivani Kondalkar who challenged a judgment of the Additional Sessions Judge, Sangli allowing a revision application filed by the petitioner's husband seeking cancellation …

Live-In Partner Can Seek Maintenance Under Provisions Of Domestic Violence Act, Says SC [Read Order]
6 years, 4 months ago

Live-In Partner Can Seek Maintenance Under Provisions Of Domestic Violence Act, Says SC [Read Order]

Live Law  

‘In fact, under the provisions of the DVC Act, 2005 the victim i.e. estranged wife or live-in-partner would be entitled to more relief than what is contemplated under Section 125 of the Code of Criminal Procedure, 1973, namely, to a shared household also.’The Supreme Court observed that a live-in partner can seek maintenance under the provisions of the Protection of …

Live-In Partner Can Seek Maintenance Under Provisions Of Domestic Violence Act, Says SC [Read Order]
6 years, 4 months ago

Live-In Partner Can Seek Maintenance Under Provisions Of Domestic Violence Act, Says SC [Read Order]

Live Law  

‘In fact, under the provisions of the DVC Act, 2005 the victim i.e. estranged wife or live-in-partner would be entitled to more relief than what is contemplated under Section 125 of the Code of Criminal Procedure, 1973, namely, to a shared household also.’The Supreme Court observed that a live-in partner can seek maintenance under the provisions of the Protection of …

Strict Proof Of Marriage Not Needed For ‘Maintenance’ Proceedings Under Sec. 125 CrPC, Reiterates SC [Read Judgment]
6 years, 4 months ago

Strict Proof Of Marriage Not Needed For ‘Maintenance’ Proceedings Under Sec. 125 CrPC, Reiterates SC [Read Judgment]

Live Law  

‘The High Court did not keep in view that in the proceedings under Section 125 CrPC, strict proof of marriage is not necessary.’The Supreme Court, while setting aside a Karnataka High Court order that had dismissed a maintenance petition for want of proof of marriage, has reiterated that in the proceedings under Section 125 of the Code of Criminal Procedure, …

Strict Proof Of Marriage Not Needed For ‘Maintenance’ Proceedings Under Sec. 125 CrPC, Reiterates SC [Read Judgment]
6 years, 4 months ago

Strict Proof Of Marriage Not Needed For ‘Maintenance’ Proceedings Under Sec. 125 CrPC, Reiterates SC [Read Judgment]

Live Law  

‘The High Court did not keep in view that in the proceedings under Section 125 CrPC, strict proof of marriage is not necessary.’The Supreme Court, while setting aside a Karnataka High Court order that had dismissed a maintenance petition for want of proof of marriage, has reiterated that in the proceedings under Section 125 of the Code of Criminal Procedure, …

Strict proof of marriage, not required in summary ‘maintenance’ proceedings under Section 125 CrPC: Bombay HC [Read Judgment]
9 years, 3 months ago

Strict proof of marriage, not required in summary ‘maintenance’ proceedings under Section 125 CrPC: Bombay HC [Read Judgment]

Live Law  

The JMFC had failed to appreciate that the proceedings under Section 125 of Cr.P.C. In proceedingsof this nature, there is no question of insistence upon strict proof, the court said.Bombay HC has held that in matters of awarding maintenance under Section 125 of Code. Bombay HC has held that in matters of awarding maintenance under Section 125 of Code of …

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