Team  SoOLEGAL

Allahabad HC: While claiming maintenance u/s 125 of CrPC, strict proof of performance of essential rites of marriage is not required

Team SoOLEGAL 27 Jan 2021 3:28pm

Allahabad HC: While claiming maintenance u/s 125 of CrPC, strict proof of performance of essential rites of marriage is not required

Allahabad High Court while hearing a revision application of the order passed by the Family Court regarding maintenance under Section 125 of Code of Criminal Procedure, 1973, was of the view that, it is not necessary for a party to produce strict proof of performance of essential rites of the marriage, and upheld the order of the Family Court. The High Court had held that, if prima facie information on the record suggests that the parties have married or have a marital relationship, then the Court can conclude that it is in favour of a woman who seeks maintenance.

The petitioner Irshad Ali had filed a revision application against the order of the Family Court in which, under Section 125 of Code of Criminal Procedure, 1973,   the petitioner had been directed to pay a sum of Rs. 3000/- per month as maintenance to his wife. According to the Counsel on behalf of the revision applicant it was stated that, the particular order was against evidence and statute and outside jurisdiction, and the amount of maintenance given by the Family Court was unreasonable and disproportionate.

The revision applicant had also contended that, as he and his wife are not legally wedded hence, proceedings under Section 125 of Code of Criminal Procedure, 1973, are not maintainable. It was also contended by the revision applicant that, at the time of the marriage he was a minor hence, he was not eligible to enter into a marriage contract. The nikahnama which was filed by the opposite party does not contain any signature of the revision applicant and also the said document is falsely fabricated.  

According to the opposite party, the order of Family Court had contained no error and the wife had proved by the evidence that she is the legally wedded wife of the revision applicant. The Court had held that, the Family Court had rightly passed the order by considering all the relevant facts and evidence and no illegality and error of jurisdiction could be shown in the impugned order. 



Tagged: Allahabad HC   Code of Criminal Procedure   Family Court  
Did you find this write up useful? YES 0 NO 0
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.