Case Note & Summary
The revision applicant, Sewanta w/o Kashinath Warati, filed a criminal revision before the Bombay High Court, Nagpur Bench, challenging the order of the Sessions Judge, Chandrapur, dated 30-10-2003, which set aside the maintenance granted to her by the Judicial Magistrate First Class, Warora, under Section 125 of the Code of Criminal Procedure, 1973. The applicant claimed she was the legally wedded wife of the respondent, Kashinath Warati, having married him about 25 years prior, and that the marriage was still subsisting. She alleged that after the respondent retired, he removed all household goods from their residence at Kutki to Hinganghat during her absence, leaving her with no means to cook or live, forcing her to stay with her mother. She claimed the respondent refused and neglected to maintain her despite having sufficient means through his pension, and she sought maintenance of Rs.1000/- per month. The respondent denied the marriage, asserting that the applicant was previously married to one Namdeo Khudsange and that he had not performed any legal marriage with her. He claimed she was living with her son Ganesh and was not his legally wedded wife. The JMFC allowed the application and granted maintenance of Rs.500/- per month. However, the Sessions Judge, in revision, set aside that order, holding that the applicant failed to prove her marriage with the respondent. The High Court, in the present revision, examined the evidence and found that the applicant had examined herself and a witness, while the respondent did not examine any witness. The court noted that the applicant had lived with the respondent for about 25 years, which raised a presumption of marriage under Section 114 of the Indian Evidence Act, 1872. The respondent's bare denial, without any evidence to prove the alleged prior marriage of the applicant or that it was subsisting, was insufficient to rebut this presumption. The court held that in proceedings under Section 125 CrPC, strict proof of marriage is not required; a presumption arises from long cohabitation. The court also noted that the respondent had admitted in his cross-examination that the applicant was his wife and that he had performed marriage with her. Therefore, the High Court set aside the Sessions Judge's order and restored the JMFC's order granting maintenance of Rs.500/- per month from the date of the application. The revision was allowed.
Headnote
A) Family Law - Maintenance - Section 125 CrPC - Presumption of Marriage - The court considered whether a wife claiming maintenance must prove marriage strictly or whether a presumption arises from long cohabitation - Held that in proceedings under Section 125 CrPC, strict proof of marriage is not required; a presumption of marriage arises from long cohabitation and the burden shifts to the husband to rebut it (Paras 3-5). B) Family Law - Maintenance - Section 125 CrPC - Burden of Proof - The husband alleged that the wife was previously married to another man - The court held that the husband failed to produce any evidence to prove the alleged prior marriage or that it was subsisting - Held that the husband's bare denial without evidence is insufficient to rebut the presumption of marriage (Paras 4-5). C) Family Law - Maintenance - Section 125 CrPC - Quantum of Maintenance - The wife claimed Rs.1000/- per month - The court considered the husband's pension and the wife's inability to maintain herself - Held that Rs.500/- per month is reasonable maintenance (Para 6).
Issue of Consideration
Whether the applicant is the legally wedded wife of the respondent and entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973.
Final Decision
The High Court allowed the revision, set aside the order of the Sessions Judge, and restored the order of the JMFC granting maintenance of Rs.500/- per month to the applicant from the date of the application.
Law Points
- Presumption of marriage in maintenance proceedings
- Standard of proof for marriage under Section 125 CrPC
- Burden of proof on husband to disprove marriage
- Maintenance for wife unable to maintain herself
