Presumption of Marriage Sufficient for Maintenance: Calcutta High Court Upholds Wife’s Right

By Legal Wires 4 Minutes Read

The Calcutta High Court recently observed that in applications for maintenance under Section 125 of the Criminal Procedure Code (CrPC), the validity of marriage does not need to be conclusively determined. If there is a reasonable presumption of marriage based on cohabitation, maintenance can be awarded, regardless of whether the marriage’s legality is fully established. This ruling came while hearing a Criminal Revision Application, where the Magistrate had directed the husband to pay Rs. 4,000/- per month as maintenance to the wife.

Brief Facts of the Case:

The petitioner and his legally married wife were living together in a house gifted to him by his grandmother.
The wife alleged that her husband inflicted physical abuse and that his mother pressured her to bring dowry from her family.
After continuous harassment, she was eventually driven out of the matrimonial home.
Despite efforts at reconciliation, the husband did not cooperate, leading the wife to file for maintenance under Section 125 CrPC.

Court’s Observations:

Reasonable presumption of marriage: The Court held that under Section 125 CrPC, a conclusive determination of the marriage’s legality is unnecessary if there is reasonable presumption of marriage due to cohabitation.
Principle of Preponderance of Probability: The Court further noted that in cases under Section 125, the standard of proof is based on the preponderance of probability rather than proof beyond reasonable doubt.
Entitlement to maintenance: A spouse unable to maintain themselves is entitled to maintenance based on the standard of living they would have enjoyed while living with the other spouse. The Court emphasized that dignity and equitability in the relationship should be maintained.
Determination of maintenance amount: The Court added that while the exact earning capacity of the spouses cannot always be determined, a prima facie determination should be made to ensure fair maintenance. The decision should also ensure that the indigent spouse does not suffer due to financial constraints.

Court’s Final Ruling:

The Court explained that the primary purpose of maintenance is twofold: to prevent vagrancy resulting from strained relationships and to ensure that the poorer litigating spouse is not deprived of the right to live with dignity.
It was concluded that the wife is entitled to maintenance from the date of filing the application under Section 125 CrPC.
The Court, therefore, dismissed the Criminal Revision Application and upheld the earlier order granting Rs. 4,000/- per month as maintenance.