KAMALA & Ors. v. M.R. MOHAN KUMAR

1.2 Unlike matrimonial proceedings where strict proof of marriage is essential, in the proceedings under Section 125 Cr.P.C., such strict standard of proof is not necessary as it is summary in nature meant to prevent vagrancy. When the parties live together as husband and wife, there is a presumption that they are legally married couple for claim of maintenance of wife under Section 125 Cr.P.C. Applying the well-settled principles, in the case in hand, appellant No.1 and the respondent were living together as husband and wife and also begotten two children. Appellant No.1 being the wife of the respondent, she and the children appellants No.2 and 3 would be entitled to maintenance under Section 125 Cr.P.C. The law presumes in favour of marriage and against concubinage when a man and woman have cohabited continuously for a number of years. [Paras 15, 16] [512-C, E-G]

1.3 On the basis of the evidence of appellant No.1 (PW-1), birth certificates of appellant Nos.2 and 3 (Exts. P7-P8 dated 25.05.2001 and 06.08.2003), other documentary evidence, oral evidence of PW-2 who was co-worker of appellant No.1 and PW- 3-landlord, the family court held that appellant No.1 and the respondent were living together as husband and wife and there is sufficient proof of marriage. The family court rightly drew the presumption of valid marriage between appellant No.1 and the respondent and that they are legally married couple for claiming maintenance by the wife under Section 125 Cr.P.C. which is summary in nature. The evidence of PW-1 coupled with the birth certificates of appellants No.2 and 3 and other evidences clearly B C D E F G H KAMALA AND OTHERS v. M.R. MOHAN KUMAR 507 established the factum of marriage. Based upon oral and documentary evidence, when the family court held that there was a valid marriage, the High Court being the revisional court had no power reassessing the evidence and substitute its views on findings of fact. The High Court did not keep in view that in the proceedings under Section 125 Cr.P.C., strict proof of marriage is not necessary. The findings recorded by the family court as to the existence of a valid marriage ought not to have been interfered with by the High Court. [Paras 20, 21] [515-C-G]

1.4 The respondent shall pay arrears of maintenance as directed by the family court to the appellants within a period of two months. Additionally, the respondent shall also continue to pay the maintenance to the appellants as directed by the family court on or before 10th of every English calendar month. The appellants are also at liberty to move the family court for enhancement of the maintenance. [Para 22] [515-G; 516-A] Dwarika Prasad Satpathy v. Bidyut Prava Dixit (1999) 7 SCC 675 : [1999] 3 Suppl. SCR 684 – relied on.