Munmun Kaur
Published On: January 29, 2022 at 18:05 IST
Recently, the Delhi High Court has observed that while the task of deciding Marital status of the parties has been conferred with Civil Courts, the Court where the Maintenance Proceedings was filed under Section 125 of the Criminal Procedure Code (CrPC) may not usurp the Jurisdiction of the Civil Courts.
The High Court was hearing the Plea of a man seeking setting aside of an Order of the Family Court which had directed him to pay Maintenance of Rs. 4,000 per month to his wife and Rs. 3,000 to two children each after they attain the age of maturity, along with Litigation Expenses of Rs. 11,000. The Petitioner submitted that prior to his wedding, the wife was married and had 4 kids out of that wedlock. It was Alleged that he had accepted her children and given his name as their father in the school records. Due to disputes between the first wife and the present wife, the Petitioner had purchased a separate Property and started living there along with the Respondents. Later, due to some matrimonial issues, he stopped paying Maintenance to the Respondents and the wife then filed a Maintenance Petition for herself and their two children under Section 125 of the CrPC. The Trial Court held that the wife had established her relationship with the Petitioner as his wife and she was entitled to seek Maintenance from him.
Justice Chandra Dhari Singh observed that the Power to Adjudicate on the Issue of Maintenance has been given, at the first instance, to the Magistrate, who may upon being satisfied direct the concerned person to provide such Maintenance/Monthly Allowance to his wife, children, or parents. He further added that in order to preserve the social intent of Section 125 of the CrPC, the Magistrate can render the Prima Facie finding of the factum of marriage, which will not be a conclusive finding for any other purpose apart from the Order on Maintenance.
The Court also observed that the Burden of Proof would lie on the party Alleging that such marriage has been solemnized in accordance with the Law applicable, be it Statutory or personal.
The Delhi High Court found no Illegality in the Trial Court’s Order in upholding the existence of a marital relationship between the parties and accordingly, awarded Maintenance to the Respondents. Therefore, the Petition was dismissed.