Palwinder Singh v. Amanjot Kaur
!
# $%&"
'
!"#"$%
# ) "!
* $"
'
$"
&
.!
+"
/01
%( "
2 .$ 3
1 (
$
6 (
((
*7 "
"
2 .$ 3
1 (
""
6 ( .!
+"
/5801
((
"
*
! *7 %"! 9
+"
2
)!
"
:
% "
((
"
*
*7 %"!
58 2 .$ 3
1
$
$((
"*
"
2 .$ 3
1
! *7 %"!
;
inter alia, "
!
+
"
!
+"%
"
< !
!
+%
+"
% ""
3% "
.$ 3
1
-
"
!
4
Per contra
-%
2 !
! -
+%
"
2
8"
"
!
"
+"
%(4
:
+"
-
"
"
>"
-"
(
!-
! -
-"
%"!
+"
"
! "
%" %
!
2 *
++
!
"
!*
"
! ++
%
"4 "
2
(
"
+"!
&
("
%
(
+
""
$"
.1
+ $"
""
8
(
" (+
"
%
(
*
"
8
"*
9 !!*
%
-
"
"13. Hence, in our view from the evidence which is led if the Magistrate is prima facie satisfied with regard to the performance of marriage in proceedings under Section 125 Criminal Procedure Code, 1973 which are of summary nature, strict proof of performance of essential rites is not required. Either of the parties aggrieved by the order of maintenance under Section 125, Criminal Procedure Code, 1973 can approach the civil court for declaration of status as the order passed under Section 125 does not finally determine the rights and obligations of the parties."
+
?
+%
%
*
?
(
4 %)
"
++
%4
8*
" (+ ?
(--
8"
&
?
( 4 -
-"
-
*
"
4
""
!"#"$"%%& '(
%
((
("
"4 !4( "
!
"
("
++ (" &
++ $"
&"
*
((
& %
& ) !& ! "# $,
$' 6
"43. We are thus of the opinion that if the abovementioned monetary relief and compensation can be awarded in cases of live+ in relationships under the Act of 2005, they should also be allowed in a proceedings under Section 125 of Criminal Procedure Code It seems to us that the same view is confirmed by Section 26 of the said Act of 2005.
44. We believe that in light of the constant change in social attitudes and values, which have been incorporated into the forward+looking Act of 2005, the same needs to be considered with respect to Section 125 of Criminal Procedure Code and accordingly, a broad interpretation of the same should be taken. xxx xxx xxx
46. We are of the opinion that a broad and expansive interpretation should be given to the term 'wife' to include even those cases where a man and woman have been living together as husband and wife for a reasonably long period of time, and strict proof of marriage should not be a pre+condition for maintenance under Section 125 of the Criminal Procedure Code, so as to fulfil the true spirit and essence of the beneficial provision of maintenance under Section 125."
@
-
% /
%
3(
((
4
""
A"!
%
"
!"
!"
"
"
(
"4
ipso jure
& %
+ %%,-$"-"#"$ decided on 08.05.2024.
A"!
5
!
) . )
./0 $ $,
A > B (
"15... While dealing with the ambit and scope of the provision contained in Section 125 of the Code, it has to be borne in mind that the dominant and primary object is to give social justice to the woman, child and infirm parents, etc. and to prevent destitution and vagrancy by compelling those who can support those who are unable to support themselves but have a moral claim for support. The provisions in Section 125 provide a speedy remedy to those women, children and destitute parents who are in distress. The provisions in Section 125 are intended to achieve this special purpose. The dominant purpose behind the benevolent provisions contained in Section 125 clearly is that the wife, child and parents should not be left in a helpless state of distress, destitution and starvation."
"
"
(
"
!*
4
+
%(
$
((
"
.
1*
4*
"
(
+
'
(
) *
7
7D ("-
7D