Maintainance
basavaraj shiromani
(Querist) 04 March 2012
This query is : Resolved
A Woman filed a petition under Sec 125 of Cr.P.C against a person, alleging that, her marriage was solemnized with said person 22 years back and she lead marital life with him for the period of 6 months and after that she went to parental house and she gave birth to one female child.
In fact, there is no any type of relationship between woman with the said person. There is no whispering of a single word regarding the status and stature of the said woman or the child since 22 years. Suddenly the woman moved this application. There is no material on record to show the relationship also. The said person is totally denying the relationship with said woman as there is no iota of evidence to show any type of relationship with the woman.
-Whether, the application is maintainable against a person without proof of any relationship, that too after lapse of 22 years.
Kirti Kar Tripathi
(Expert) 04 March 2012
If there was no marriage between the parties, the husband can take this plea and burden lies on wife, who alleged the existence of marriage. However, if marriage proved, the husband is bound to maintain here. Delay can not defeat the right of a wife to claim her maintenance. It is recurring right.
Arvind Singh Chauhan
(Expert) 04 March 2012
If valid marriage is accepted there is no chance to get rid of.
Raj Kumar Makkad
(Expert) 04 March 2012
It is the wife who has to establish the relationship otherwise her claim cannot be entertained and thus she shall not be entitled to claim any maintenance.
Shonee Kapoor
(Expert) 04 March 2012
The onus is on the wife to prove the relationship.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 04 March 2012
Let woman prove she is a legally wedded wife of Mr. X
Then only liability start. As child is there, and it's birth cert+ neighbors once prove, there was relationship like h-w, Mr. X become liable to pay mtn.
Daughter must be adult and married, and may not get mtn.
do Mr. X knows that woman??
ans : yes, if proved relationship. No Time Bar .
Adv.R.P.Chugh
(Expert) 04 March 2012
Ld.Friend,
Though it is the burden of the wife to prove marriage, but we have to remember that S.125 is meant to serve the social purpose of preventing destitution and starvation, hence S.125 proceeds on the basis of a defacto marriage not a dejure marriage. The burden on the wife is very light. Prolonged Cohabitation would raise the presumption of marriage, and maintenance order may be passed. Though it is nobody's case that a mere live-partner may claim u/s 125 CrPC.
The Supreme Court has time and again reiterated that a man who seeks to rebut the plea of a woman proved to have been cohabiting with him for years on the specious plea of non marriage, has the burden to prove that there was no marriage, and the burden is strict.
If the husband is aggrieved by the order, he is free to approach the civil court for declaration as to his bachelorhood.
Nadeem Qureshi
(Expert) 05 March 2012
Dear Siromani
if husband have the proof that their is no relationship between both of them, the marriage is not consummated etc. she has right to get maintenance from her husband.
basavaraj shiromani
(Querist) 05 March 2012
Nadeemjee, Thank you very much for your kind observation regarding the maintenance. But how a woman can file maintenance petition against stranger without proof of her marital status. Even though if she is entitle, please provide any rulings in this regard.
thank you, Basasavaraj Shiromani Adv
V R SHROFF
(Expert) 05 March 2012
Duration of alleged living together is short period of 6 months, before 22 years.
No proof of marriage, no proof lived together.
Though Criminal court have no jurisdiction to examine or declare valid marriage, woman can get maintainability only if she prove she is a wife of the man.
Validity of marriage is subject matter of CIVIL COURT ONLY.
Kirti Kar Tripathi
(Expert) 05 March 2012
In the present case, the presumption of marriage can not be drawn on the basis of long co-habitation as the claimant herself alleged that marriage was solemnized 22 years before and six live for only 6 months. She kept mum for long time. Thus if factum of marriage is denied by the opposite party, the applicant has to prove that there exist a valid and legal marriage between the parties. Even in Section 125, the applicant has to prove that she is wife of the opposite party that may be by legal implication or in actual
Guest
(Expert) 05 March 2012
The marriage needs to be proved first by the applicant. The question maintenance arises only thereafter.
Shonee Kapoor
(Expert) 06 March 2012
Yes, despite the social cause, it can not be allowed to be grossly misused. No co-habitation as alleged for over 22 years would itself go against the female and the strict proof would be asked.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 08 March 2012
So far as position of law laid in s125Cr.P.C. is concerned i agree with Bharat,but on the face of facts stated in the query I find least chance about the award in favor of alleged wife /lady.
