Summary
The Supreme Court restored maintenance awarded to the wife and two children. In summary proceedings under section 125 CrPC, marriage need not be proved with the strictness required in matrimonial or bigamy proceedings. Cohabitation as husband and wife, birth certificates, photographs, payment records and witness testimony supported the Family Court’s finding. The High Court improperly substituted its view in revision. Arrears were payable within two months, with continuing monthly payment and liberty to seek enhancement.
Issues
- Whether the evidence sufficiently established marriage for summary maintenance proceedings.
- Whether the High Court properly interfered with the Family Court’s factual finding in revision.
Provisions considered
- Section 125(1)(a), Code of Criminal Procedure, 1973The summary maintenance remedy did not demand strict ceremonial proof of marriage on these facts; the evidence supported the finding that the claimant was the respondent’s wife. (¶¶ 14, 15, 20, 21)
Held
- The documentary evidence and testimony of the claimant, her co-worker and the landlord supported cohabitation as husband and wife and a presumption of valid marriage. The respondent’s explanation of the regular payments did not rebut that evidence. (¶¶ 9, 10, 11, 12, 13, 14, 20)
- Section 125 provides a summary remedy to prevent destitution. Its standard of proof of marriage is less exacting than a bigamy prosecution; the presumption arising from sustained cohabitation remains rebuttable. (¶¶ 15, 16, 20)
- Having regard to the supported factual findings, the High Court should not have reassessed the evidence in revision merely to substitute its own view or demanded strict proof of marriage. (¶¶ 20, 21)
- The appeals were allowed and the High Court judgment set aside. Arrears under the Family Court order were payable within two months, continuing payments by the tenth of each calendar month, with liberty to seek enhancement before the Family Court. (¶ 22)
Result
Appeals allowed; Family Court maintenance restored. Arrears payable within two months and ongoing maintenance by the tenth of each calendar month. Claimants may seek enhancement before the Family Court.