Strict proof of marriage not must for maintenance: Punjab and Haryana High Court

Saurabh Malik

Chandigarh, April 20

In a significant judgment, the Punjab and Haryana High Court has made it clear that strict proof of marriage is not required for an estranged partner to claim maintenance under Section 125, CrPC. “The standard of proof applicable in this regard would be preponderance of probabilities,” Justice Harpreet Singh Brar said.

The Bench ruled that prolonged cohabitation as husband and wife would entitle the partners to relief under Section 125, even if essential marriage ceremonies remained unproven.

The ruling came on a revision plea filed by a husband against an order passed by a family court, vide which an application filed under Section 125 was allowed before awarding monthly maintenance of Rs 6,000 to the wife.

The counsel for the petitioner, contended Section 125 could only be invoked by a legally wedded wife. The petitioner was a Muslim whereas the marriage –– as stated by the respondent-wife –– took place in a gurdwara.

The Bench was also told that nothing on the record reflected that essential marriage ceremonies performed.

After hearing the contentions, the Bench said the petitioner was claiming to be a Muslim. But it could be reasonably deduced from the circumstances that the respondent was aware of the same. Two persons belonging to different religions could not get married under the Hindu Marriage Act. But the law permitted it under the Special Marriage Act, 1954. As such, the respondent’s claim could not be dismissed merely on the ground the marriage was solemnised in a gurdwara.

The Bench added the legislative intent behind the provision was to provide speedy aid to women, children and infirm parents.