Claiming Maintenance under section 125 of CRPC, Strict proof of Marriage not necessary - Supreme Court

STRICT PROOF OF MARRIAGE NOT NECESSARY TO CLAIM MAINTENANCE BY A WIFE- SAYS SUPREME COURT
Sherry J Thomas | sherryjthomas@gmail.com |  9447200500  |

The Supreme Court set aside an order of Karnataka High Court order which set dismissed a maintenance plea for want of proof of marriage. The supreme court bench comprising of Justice Banumathi and Justice Indira Banerjee pointed out that the evidence in the case raise a strong presumption of a valid marriage. Taking account of evidence, it is proved that parties cohabitated as husband and wife and people around them treated them as husband and wife. The bench also quoted the decision of apex court in Chanmuniya V.  Virendra Kumar Singh and held a broad and expansive interpretation should be given to the term "wife".
Crl Appeal Nos 2368-2369 OF 2009 Judgment dated 24.10.2018