X v. Y, CRAN 7 OF 2024
Facts: In the present matter, the petitioner’s legally married wife filed an application seeking maintenance under Section 125 of the CrPC. The couple had been residing in a house gifted to the petitioner by his grandmother. The wife alleged that the petitioner subjected her to physical abuse, and his mother began pressuring her to bring dowry from her parental home, subsequently threatening her. Ultimately, the petitioner and his family forced the wife out of the matrimonial home. Despite attempts at reconciliation, the petitioner failed to cooperate, prompting the wife to file for maintenance.
Issue:Whether the validity of the marriage must be conclusively determined in an application for maintenance under Section 125 of the CrPC.
Observation: The Calcutta High Court observed that in proceedings under Section 125 of the CrPC, it is not necessary to conclusively establish the validity of the marriage. The Court held that if there exists a reasonable presumption of marriage based on cohabitation, maintenance can be granted without delving into the legal validity of the marriage. The Court was hearing a Criminal Revision Application challenging the Magistrate's order, which had directed the petitioner to pay maintenance of Rs. 4,000/- per month to the wife.
