CHANMUNIYA versus VIRENDRA KUMAR SINGH KUSHWAHA & ANR.

CHANMUNIYA versus VIRENDRA KUMAR SINGH KUSHWAHA & ANR.

There is divergence of judicial opinion regarding the interpretation of 'wife' under Section 125 Cr.P.C.; to fulfill social justice objectives and considering changing social attitudes as reflected in the Protection of Women from Domestic Violence Act, 2005, a broad interpretation of 'wife' is urged; strict proof of marriage should not be a pre-condition for maintenance; the matter is referred to a larger Bench for authoritative determination.

Parties
Appellant: Chanmuniya; Respondent: Virendra Kumar Singh Kushwaha; Respondent: Anr.
Jurisdiction
India
Judgment Date
07 October 2010
Procedural Posture
Civil Appeal / Matter Referred to Larger Bench
Outcome
Matter referred to larger Bench
Legal Topics
Maintenance, Definition of Wife, Presumption of Marriage, Customary Marriage, Protection of Women From Domestic Violence Act, 2005
Family Law Criminal Procedure Constitutional Law Maintenance Definition of Wife Presumption of Marriage Customary Marriage Protection of Women From Domestic Violence Act, 2005

Case Brief

Summary, issues, holding and outcome

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Parties

Chanmuniya

Appellant

Virendra Kumar Singh Kushwaha

Respondent

Anr.

Respondent

Procedural Posture

Civil Appeal / Matter Referred to Larger Bench

Legal Issues

  1. 1 Whether living together of a man and woman as husband and wife for a considerable period of time raises presumption of valid marriage and entitles the woman to maintenance under Section 125 Cr.P.C.
  2. 2 Whether strict proof of marriage is essential for claim of maintenance under Section 125 Cr.P.C. considering the Protection of Women from Domestic Violence Act, 2005
  3. 3 Whether marriage performed according to customary rites and ceremonies, without strictly fulfilling Section 7(1) of Hindu Marriage Act, 1955 or any personal law entitles the woman to maintenance under Section 125 Cr.P.C.

Ratio Decidendi

There is divergence of judicial opinion regarding the interpretation of 'wife' under Section 125 Cr.P.C.; to fulfill social justice objectives and considering changing social attitudes as reflected in the Protection of Women from Domestic Violence Act, 2005, a broad interpretation of 'wife' is urged; strict proof of marriage should not be a pre-condition for maintenance; the matter is referred to a larger Bench for authoritative determination.

Court Disposition

Matter referred to larger Bench

Orders

  • The questions regarding presumption of marriage for maintenance, strict proof of marriage, and customary marriages under Section 125 Cr.P.C. are referred to the Hon'ble Chief Justice for larger Bench determination.
  • No final adjudication on maintenance; proceedings remain pending.