Strict Proof Of Marriage Not Required To Claim Maintenance When Couple Have Been Living As Husband & Wife For Long Time: Calcutta HC
3 months, 2 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 period of time, strict proof of marriage should not be. Justice Ajay Kumar Gupta held: "Where a man and woman have been living together as husband and wife for a reasonable long period of time, strict proof of marriage should not be a pre-condition for maintenance under Section 125 of the Code of Criminal Procedure, 1973. Having no means of supporting herself and her child, the Petitioner filed an application under Section 125 of the Code of Criminal Procedure, 1973 against the Opposite Party No.

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History of this topic

Minor irregularities can’t render special marriage void: HC
2 weeks, 4 days ago

Minor irregularities can’t render special marriage void: HC

Hindustan Times  

MUMBAI: In an important ruling, the Bombay high court on Friday held that a special marriage cannot be termed void owing to minor irregularities such as one of the parties not residing within the jurisdiction of the concerned Registrar of Marriages for a continuous period of 30 days preceding notice of marriage. Minor irregularities can’t render special marriage void: HC …

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
2 weeks, 5 days 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, 1 week 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 …

Nullity Of Marriage Doesn't Bar Wife From Claiming Maintenance: Madras High Court
6 months, 3 weeks 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. …

Woman Can't Seek Maintenance From Second Husband U/S 125 CrPC If Her First Marriage Survives: Madhya Pradesh High Court
1 year ago

Woman Can't Seek Maintenance From Second Husband U/S 125 CrPC If Her First Marriage Survives: Madhya Pradesh High Court

Live Law  

Madhya Pradesh High Court has refused to interfere with a family court order that denied maintenance to a woman on account of the subsistence of her first marriage with another man. 1 could not get divorce from her earlier husband/Bhagwansingh and could not file any proof of getting divorce…”, the court clarified why maintenance cannot be granted in the case …

Hindu Marriage Act Bars Second Marriage When Spouse Living, Consent Of Parties Can’t Confer Validity: Delhi High Court
1 year, 5 months ago

Hindu Marriage Act Bars Second Marriage When Spouse Living, Consent Of Parties Can’t Confer Validity: Delhi High Court

Live Law  

The Delhi High Court has ruled that once there is a legal bar on the performance of second marriage when either spouse of the parties are living, the consent of such parties cannot confer validity to the second marriage. Noting that both the parties should not have a living spouse according to Section 5 of the Hindu Marriage Act, 1955, …

'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 …

Calcutta High Court Discharges Widow In FIR Accusing Her Of Marrying A Married Man And Subjecting His Wife To Cruelty
1 year, 10 months ago

Calcutta High Court Discharges Widow In FIR Accusing Her Of Marrying A Married Man And Subjecting His Wife To Cruelty

Live Law  

The Calcutta High Court at Jalpaiguri circuit bench has discharged a widow in an FIR under Sections 498A, 494 and 506 of IPC accusing her of marrying the husband of the complainant, on the ground that materials on record including complaint prima facie revealed that the allegations were levelled against the against the principal accused i.e. The single judge bench …

Wife Entitled To Maintenance Under Two Separate Enactments, Quantum May Be Adjusted Accordingly: Karnataka High Court
2 years, 3 months ago

Wife Entitled To Maintenance Under Two Separate Enactments, Quantum May Be Adjusted Accordingly: Karnataka High Court

Live Law  

The Karnataka High Court has said that a wife can claim maintenance under two different enactments, particularly after having been granted maintenance under a particular statute. A single judge bench of Justice M Nagaprasanna rejected a petition filed by the husband challenging an order passed by the Family Court granting interim maintenance of Rs.30,000 to his wife under Section 24 …

Delhi: Construction worker awaits financial assistance even after 5 years of daughter's marriage, HC issues notice
2 years, 9 months ago

Delhi: Construction worker awaits financial assistance even after 5 years of daughter's marriage, HC issues notice

Firstpost  

It is alleged that now Board officials are demanding the marriage certificate of his daughter for disposal of his application which is in violation of the Board’s own rule New Delhi: The Delhi High Court has issued notice to the Delhi Building and Other Construction Workers Welfare Board on a plea of a construction worker who had applied for financial …

Exception Of Customary Divorce U/S 29(2) Hindu Marriage Act Not Attracted In Absence Of Declaration From Civil Court Regarding Its Validity: Calcutta High Court
4 years ago

Exception Of Customary Divorce U/S 29(2) Hindu Marriage Act Not Attracted In Absence Of Declaration From Civil Court Regarding Its Validity: Calcutta High Court

Live Law  

The Calcutta High Court has held that merely obtaining a customary divorce will not attract the exception envisaged under Section 29 of the Hindu Marriage Act. The Apex Court had categorically observed, "the requirement to claim benefit of prevalence of customary right to divorce in a community must be specifically pleaded and established by the person propounding such custom…" Background …

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 …

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, …

Child Marriages do not become automatically void: Madras HC [Read Judgment]
9 years ago

Child Marriages do not become automatically void: Madras HC [Read Judgment]

Live Law  

Madras High Court in M. Janaki Vs. K. Vairamuthu, has clarified that Child marriages do not automatically become void. Selvam made this observation while hearing an appeal against a Family court order rejecting a divorce petition, holding that it was a child marriage and hence void.The court observed “The conditions for a. Madras High Court in M. Janaki Vs. K. …

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 …

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 …

An Adulterous wife cannot claim maintenance : Madras High Court [Read the Judgment]
9 years, 7 months ago

An Adulterous wife cannot claim maintenance : Madras High Court [Read the Judgment]

Live Law  

The Madras High Court, in M.Chinna Karuppasamy Vs. Kanimozhi, has held that a divorced wife is living in ‘illicit relationship’ with man other than her former husband is disqualified from claiming maintenance from her former husband. Justice Nagamutthu further held that “The decree obtained by the husband for divorce on proving the adulterous life of the wife cannot give a …

Supreme Court upholds right of live-in partner to claim maintenance
9 years, 10 months ago

Supreme Court upholds right of live-in partner to claim maintenance

Live Law  

The Supreme Court on Tuesday upheld a Bombay High Court ruling that a live-in partner is entitled to claim maintenance.A Bench led by Justice Vikramjit Sen dismissed the appeal filed by the man against a July 2014 order of the High Court, which he claimed went beyond the legislative intent and framework of the statute.According to the petitioner, he was …

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