Strict proof of Marriage is not required in proceeding U/S 125 of CRPC – Supreme Court

Unlike matrimonial proceedings where strict proof of marriage is essential, in the proceedings Under Section 125 Code of Criminal Procedure, such strict standard of proof is not necessary as it is summary in nature meant to prevent vagrancy. In Dwarika Prasad Satpathy v. Bidyut Prava Dixit MANU/SC/0673/1999 : (1999) 7 SCC 675, this Court held that “the standard of proof of marriage in a Section 125 proceeding is not as strict as is required in a trial for an offence Under Section 494 Indian Penal Code. The learned Judges explained the reason for the aforesaid finding by holding that an order passed in an application Under Section 125 does not really determine the rights and obligations of the parties as the Section is enacted with a view to provide a summary remedy to neglected wives to obtain maintenance. The learned Judges held that maintenance cannot be denied where there was some evidence on which conclusions of living together could be reached.” When the parties live together as husband and wife, there is a presumption that they are legally married couple for claim of maintenance of wife Under Section 125 Code of Criminal Procedure

IN THE SUPREME COURT OF INDIA

Criminal Appeal Nos. 2368-2369 of 2009

Decided On: 24.10.2018

Kamala Vs. M.R. Mohan Kumar

Hon’ble Judges/Coram:
R. Banumathi and Indira Banerjee, JJ.

Leave a Reply