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Family LawSupreme Court of India

Kamala and Others v. M.R. Mohan Kumar

Criminal Appeal · 2018 INSC 984Decided 24 Oct 2018
Criminal Appeal Nos. 2368-2369 of 2009
Justice R. Banumathi · Justice Indira Banerjee

Background

Appellant No.1 claimed she married the respondent in 1998 in a temple against both families' wishes, and that two children were born of the marriage. She alleged that after the respondent married another woman in 2005, he neglected and harassed her, prompting her to seek maintenance under Section 125 Cr.P.C. for herself and her children. The Family Court, relying on the children's birth certificates naming the respondent as father, photographs, witness testimony from a co-worker and a landlord, and maintenance payments the respondent had already been making, held the marriage proved and awarded maintenance. The High Court, however, reversed this in revision, holding she had failed to prove a valid customary marriage.

Decision Breakdown

The Supreme Court held that Section 125 Cr.P.C. proceedings are summary in nature and do not require the strict standard of proof of marriage applicable in matrimonial or criminal bigamy cases. Relying on a long line of precedent (including Dwarika Prasad Satpathy and Chanmuniya), the Court reaffirmed that continuous cohabitation as husband and wife raises a rebuttable presumption of valid marriage, and that a broad, purposive interpretation of "wife" must be given to fulfil the beneficial, anti-vagrancy purpose of the provision. It found the Family Court's findings, based on birth certificates, photographs, and corroborating witnesses, were findings of fact that the High Court, sitting in a limited revisional capacity, had no power to reassess and overturn. The Supreme Court set aside the High Court's judgment, restored the Family Court's maintenance order, and directed the respondent to pay arrears within two months and continue monthly maintenance, while leaving the appellants free to seek enhancement later.

Lesson Learnt

For a maintenance claim under Section 125 Cr.P.C., a woman does not need to prove her marriage to the same strict standard required in a criminal bigamy trial: long cohabitation as husband and wife, corroborated by documents like children's birth certificates and independent witnesses, can be enough to establish entitlement to maintenance.

Kamala and Others v. M.R. Mohan Kumar – Legal Case Shots | LegalAware