Case Note & Summary
The dispute arose from the appellant's claim for maintenance after her marriage to Ram Saran, who died in 1992. The appellant contended that she was married to the first respondent, Virendra Kumar Singh Kushwaha, in accordance with local customs after her husband's death. Following allegations of harassment and neglect by the first respondent, the appellant initiated proceedings under Section 125 of the Code of Criminal Procedure, 1973, and filed a suit for restitution of conjugal rights under the Hindu Marriage Act, 1955. The Trial Court ruled in favor of the appellant, but the High Court reversed this decision, stating that the essentials of a valid marriage had not been met. The appellant's review petition was dismissed, prompting her to approach the Supreme Court. The core legal issue was whether a presumption of marriage arises from long cohabitation, thus entitling the woman to maintenance. The Court examined various precedents, affirming that the law presumes marriage in such cases unless strong evidence to the contrary is presented. The Court emphasized the need for a broad interpretation of 'wife' under Section 125 to include women in live-in relationships, aligning with the social objectives of preventing destitution. The Court requested a larger bench to address specific questions regarding the interpretation of marriage and maintenance claims under Section 125, ultimately advocating for a more inclusive understanding of the term 'wife' (Paras 1-46).
Headnote
A) Family Law - Maintenance - Presumption of Marriage - Code of Criminal Procedure, 1973, Section 125 - Court held that living together for a long time may raise a presumption of marriage, entitling the woman to maintenance, even without strict proof of marriage. This interpretation aligns with the social purpose of preventing vagrancy and destitution (Paras 10-46).
Issue of Consideration
Whether living together for a long time raises a presumption of marriage entitling a woman to maintenance under Section 125 Cr.P.C.
Final Decision
The Supreme Court held that a broad interpretation of 'wife' should include women living together as husband and wife for a long time, allowing them to claim maintenance under Section 125 Cr.P.C. The Court emphasized the social purpose of preventing vagrancy and destitution, requesting a larger bench to address specific questions regarding the interpretation of marriage and maintenance claims.
Law Points
- Maintenance
- presumption of marriage
- Section 125 Cr.P.C.
- Hindu Marriage Act
- 1955
- social justice
- live-in relationships
