Sanjeev Thakur (Advocate) 16 December 2013

Status of the parties U S 125 CrPC

The question is this that wether the crminal court while deciding the application for maintenance u/s 125 can give finding on the point of status of the parties that they are legally wedded. When there is a dispute about the marriage and wether the maintenance can be granted.

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4 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 16 December 2013

yes the court can but its depend on the facts. state detail facts for best advise

Laxmi Kant Joshi (Advocate ) 16 December 2013

1. When an aggrived party files petition u/s 125 crpc he submits it on oath by affidavit in which he states he is giving all the statement true to the best of his knowledge, in case he gives false statement then the opposite party can raise the objection in their ws and then further proceeding will be done .

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 16 December 2013

yes the court can but its depend on the facts. state detail facts for best advise

Sanjeev Thakur (Advocate) 17 December 2013

First of all the true status can be decided by the civil court only that the parties are legally wedded to each other according to customary marriage or by Saptpadi it's not the criminal court to decide the status of marriage though the proceedings are Quasi criminal. The criminal court can only look into the evidence primafacie on record and only on that basis can pass order to that effect.