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

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.