Case Note & Summary
The applicant wife filed a revision against the judgment of the Family Court, Nagpur, in Petition No. E-79/2010, which rejected her application for maintenance under Section 125 of the Code of Criminal Procedure, 1973. The wife alleged that she was beaten mercilessly by her husband and therefore left his house. She also contended that the husband had married a second time. The Family Court dismissed her application on the ground that there was 'oath against oath' and she failed to prove her case. The High Court observed that the Family Court's approach was perverse. It noted that proceedings under Section 125 CrPC are quasi civil and quasi criminal, summary in nature, and the standard of proof is preponderance of probabilities, not beyond reasonable doubt. The court held that specific corroboration of the wife's testimony is not required, and there was no reason for a lady with a son to desert her husband without reasonable cause. The Family Court also failed to consider the husband's admission that a lady was residing with him as a cook. Consequently, the High Court allowed the revision, set aside the impugned judgment, and remanded the matter to the Family Court for fresh consideration in accordance with law.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 CrPC - Standard of Proof - The proceeding under Section 125 CrPC is quasi civil and quasi criminal, summary in nature. The Family Court must decide on preponderance of probabilities, not beyond reasonable doubt. The court's finding of 'oath against oath' is perverse as it applies a criminal standard. (Paras 4-6)
B) Family Law - Maintenance - Desertion - Corroboration - Specific evidence to corroborate wife's testimony of cruelty is not required. There was no reason for a lady with a son to desert her husband without reasonable cause. (Para 5)
C) Criminal Procedure Code - Maintenance - Second Marriage - Section 125 CrPC - The Family Court failed to consider the wife's contention regarding the husband's second marriage. The husband admitted that a lady resides with him as a cook, which was relevant. (Para 6)
Issue of Consideration
Whether the Family Court erred in rejecting the wife's maintenance application under Section 125 CrPC by applying the standard of proof beyond reasonable doubt instead of preponderance of probabilities.
Final Decision
The High Court allowed the revision application, set aside the impugned judgment of the Family Court, and remanded the matter to the Family Court for fresh consideration in accordance with law.
Law Points
- Maintenance proceedings under Section 125 CrPC are quasi-civil and quasi-criminal
- summary in nature
- standard of proof is preponderance of probabilities
- not beyond reasonable doubt
- corroboration of wife's testimony not required
- Family Court must consider preponderance of probabilities.
Case Details
2019 LawText (BOM) (03) 150
Criminal Revision Application No. 76 of 2015
Shri Shashikant Borkar h/f Shri S. T. Dhurwey for the applicant, Shri S. N. Shende for the non-applicant
Smt. Sangita W/o Shrikant Kayarkar
Shrikant S/o Krushnarao Kayarkar
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Nature of Litigation
Criminal revision against rejection of maintenance application under Section 125 CrPC
Remedy Sought
The applicant wife sought to quash and set aside the Family Court's judgment rejecting her maintenance application and to grant maintenance.
Filing Reason
The wife alleged that she was beaten mercilessly by her husband and left his house; she also alleged that the husband married a second time.
Previous Decisions
The Family Court, Nagpur, in Petition No. E-79/2010 rejected the wife's maintenance application on the ground that there was oath against oath and she failed to prove her case.
Issues
Whether the Family Court erred in applying the standard of proof beyond reasonable doubt instead of preponderance of probabilities in a Section 125 CrPC proceeding.
Whether the Family Court's finding that the wife failed to prove her case due to 'oath against oath' is perverse.
Submissions/Arguments
Applicant's counsel argued that the Family Court's observations are perverse and illegal, and the impugned judgment is liable to be quashed.
Respondent's counsel submitted that the wife deserted the husband and failed to prove allegations, including the claim of second marriage, so the revision should be dismissed.
Ratio Decidendi
In proceedings under Section 125 CrPC, which are quasi civil and quasi criminal and summary in nature, the court must decide on preponderance of probabilities, not beyond reasonable doubt. The Family Court's finding of 'oath against oath' is perverse as it applies a criminal standard. Specific corroboration of the wife's testimony is not required, and the court must consider all relevant circumstances, including the husband's admission of a lady residing with him.
Judgment Excerpts
Prima facie judgment appears to be perverse. Learned Family Court wrongly recorded its finding that there is oath against oath, therefore, applicant wife failed to prove her contention.
It is pertinent to note that proceeding filed under Section 125 of the Code of Criminal Procedure is quasi civil and quasi criminal. It is a summary trial.
Family Court has to decide the matter on preponderance of probabilities. It is not a criminal case.
Procedural History
The wife filed Petition No. E-79/2010 before the Family Court, Nagpur, seeking maintenance under Section 125 CrPC. The Family Court rejected the application. The wife then filed Criminal Revision Application No. 76 of 2015 before the Bombay High Court, Nagpur Bench, challenging the Family Court's judgment.
Acts & Sections
- Code of Criminal Procedure, 1973: 125
