Pradeep a Hindu youth is in love with Bina, a young Parsi girl. Bina conceives and was advanced in pregnancy up to seven months they both went to the office of the Sub-Registrar and executed a marriage document.

Question: Pradeep a Hindu youth is in love with Bina, a young Parsi girl. Bina conceives and was advanced in pregnancy up to seven months they both went to the office of the Sub-Registrar and executed a marriage document.

Find the answer to the mains question only on Legal Bites. [Pradeep a Hindu youth is in love with Bina, a young Parsi girl. Bina conceives and was advanced in pregnancy up to seven months they both went to the office of the Sub-Registrar and executed a marriage document.]

Answer

Bina bore three issues from Pradeep. Subsequently, Bina moves an application for maintenance alleging cruelty and neglect on the part of Pardeep. Pradeep contests the validity of the marriage and contents that no presumption could be drawn in regard to the paternity of the first child. Decide.

Maintenance general meaning is keeping something in good condition. Maintenance in legal meaning is money (alimony) that someone must pay regularly to a former wife, husband, or partner, especially when they have had children together. It is the duty of every person to maintain his wife, children, and aged parents, who are not able to live on their own.

Section 125 of CrPC deals with the order of maintenance of wives, children, and parents. Under The CrPC., the following can claim and get maintenance-

(1) Wife from her husband.

(2) Legitimate or illegitimate minor child from his father.

(3) His legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is by reason of any physical or mental abnormality or injury unable to maintain itself.

(4) His father or mother from his son or daughter.

A Magistrate of first-class may pass an order for maintenance to a person to give a monthly allowance to his wife or child or parents. The amount for the allowance is not fixed.

It may be any sum. The Magistrate, after considering the family status and conditions, orders for maintenance to such person. The order for maintenance is given when the person refuses or denies to maintain his dependants like wife, children, or parents.

In Dwarika Prasad Satpathy v. Bidyut Prava Dixit, AIR 1999 SC 3348 it was observed that it is to be remembered that the order passed in an application under section 125, CrPC does not finally determine the rights and obligations of the parties and the said section is enacted with a view to providing a summary remedy for providing maintenance to a wife, children, and parents.

The provisions under section 125 are not to be utilized for defeating the rights conferred by the Legislature to the destitute women, children, or parents who are victims of social environment, from the evidence which is led if the Magistrate is prima facie satisfied with regard to the performance of marriage in proceedings under section 125, CrPC which are of summary nature, strict proof of performance of essential rites is not required.

Either of the parties aggrieved by the order of maintenance under section 125, CrPC can approach the civil Court for a declaration of status as the order passed under section 125 does not finally determine the rights and obligations of the parties. In our view, the validity of the marriage for the purpose of summary proceeding under section 125, CrPC is to be determined on the basis of the evidence brought on record by the parties.

The standard of proof of marriage in such proceeding is not as strict as is required in a trial of an offence under section 494 of the I.P.C. If the claimant in proceedings under section 125 of the Code succeeds in showing that she and the respondent have lived together as husband and wife, the Court can presume that they are legally wedded spouses, and in such a situation the party who denies the marital status can rebut the presumption.

In the present question regarding the validity of the marriage between Bina and Pradeep, it is clear that both had executed some document of marriage in the office of Sub-Registrar and thereafter Bina bore three issues for Pardeep. Further, Pardeep is not disputing the paternity of the last two children from Bina.

It can be inferred from these facts that marriage took place between two. Hence, Bina is not required to prove marriage with Pradeep to an extent as in Matrimonial proceedings. If Pradeep disputes the marriage, then the onus shifts on him to prove that Bina is not his lawful wife of him.

Therefore, in these facts of the case, Bina can be considered as a “Wife” for purpose of the claim of maintenance under section 125 of Code. So far as regards the claim of children even illegitimate children are entitled to maintenance under section 125(1)(c) of CrPC.

In this case, Pradeep has disputed the paternity of the first child only and not of the other two children. But since Pradeep has acknowledged by executing a document that Bina is his wife and that he would maintain the issues born of her.

The acknowledgement and the treatment of the first child by Pradeep as his own child for a long time raises a presumption of paternity in favour of the first child. Hence, the child may be entitled to claim maintenance from his father if the condition in section 125(1)(c) of the Code is proved.

---

Important Mains/Long Questions for Judiciary, APO & University Exams

1. CRPC Mains Questions Series Part I: Important Questions
2. CRPC Mains Questions Series Part II: Important Questions
3. CRPC Mains Questions Series Part III: Important Questions
4. CRPC Mains Questions Series Part IV: Important Questions
5. CRPC Mains Questions Series Part V: Important Questions
6. CRPC Mains Questions Series Part VI: Important Questions
7. CRPC Mains Questions Series Part VII: Important Questions
8. CRPC Mains Questions Series Part VIII: Important Questions
9. CRPC Mains Questions Series Part IX: Important Questions
10. CRPC Mains Questions Series Part X: Important Questions
11. CRPC Mains Questions Series Part XI: Important Questions