Section 125 CrPC is a measure of social justice intended to prevent vagrancy and destitution and therefore deserves liberal interpretation. Long cohabitation raises a strong presumption of marriage unless rebutted by convincing evidence. A man should not be permitted to enjoy the benefits of a de facto marital relationship while escaping the corresponding legal obligation of maintenance. Since earlier Supreme Court decisions held that "wife" means only a legally wedded wife, the Bench referred the conflict to a larger Bench instead of deciding it.

advocatemmmohan

Criminal Procedure Code, 1973 – Section 125 – Maintenance – Long cohabitation – Presumption of marriage – Scope of expression "wife" – Reference to Larger Bench

Question of Law

Whether a woman who has lived with a man as his wife for a considerable period, though unable to establish a strictly valid marriage, is entitled to claim maintenance under Section 125 CrPC.

Held

The Bench expressed the view that the expression "wife" in Section 125 CrPC deserves a broad and purposive interpretation in light of the social object of the provision and the Protection of Women from Domestic Violence Act, 2005. However, since earlier coordinate Bench decisions (Yamunabai and Savitaben) had taken a contrary view, the matter was referred to a larger Bench for authoritative determination.

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Ratio (Persuasive)

1. Section 125 CrPC is a measure of social justice intended to prevent vagrancy and destitution and therefore deserves liberal interpretation.
2. Long cohabitation raises a strong presumption of marriage unless rebutted by convincing evidence.
3. A man should not be permitted to enjoy the benefits of a de facto marital relationship while escaping the corresponding legal obligation of maintenance.
4. Since earlier Supreme Court decisions held that "wife" means only a legally wedded wife, the Bench referred the conflict to a larger Bench instead of deciding it.

Supreme Court of India

Chanmuniya vs Virendra Kumar Singh Kushwaha & Anr on 7 October, 2010

 2010 AIR SCW 6497, 2011 (1) SCC 141, 2011 CRI. L. J. 96, AIR 2010 SC (SUPP) 29, (2010) 4 RECCRIR 704, (2013) 1 DMC 131