HC on Marriage Proof: Strict Proof of Marriage Not Required To Claim Maintenance When Couple Have Been Living As Husband and Wife for Long Time, Says Calcutta High Court

The Calcutta High Court recently said that strict proof of marriage is not required while claiming maintenance under section 125 CrPC for a couple who had been living as husband and wife for a prolonged period of time. The court observed while hearing case in which the petitioner/wife challenged the correctness, legality and propriety of the Impugned Judgment/Order dated November 16, 2016 passed by the Additional Sessions Judge, Fast Track Court, 1st Court, Tamluk, Purba Medinipur in Criminal Revision No. 47 of 2015. The fast track court had set aside the maintenance payable to the wife on the ground that she failed to prove that she is married wife of the Opposite Party No 2. "Where a man and woman have been living together as husband and wife for a reasonable long period of time, strict proof of marriage should not be a pre-condition for maintenance under Section 125 of the Code of Criminal Procedure, 1973," the high court said. HC on Sex After Marriage Promise: Can’t Charge Man With Rape for Consensual Sex After He Refuses To Marry, Says Calcutta High Court.

Strict Proof of Marriage Should Not Be a Pre-Condition for Maintenance

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