Claim of Maintenance- Not Necessary to Prove Factum of Marriage- Delhi HC

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April 16, 2019

In this recent case, the High Court of Delhi has noted that an order of maintenance under Section 125 of CrPC can be passed even if there is admission on record and evidence of factum of marriage is not required.

Case name: Surender Singh Arya v. Meenu Arya

In the present case, the Respondent had been awarded maintenance at a meagre amount of Rs. 2,000/- per month. However, the Petitioner husband did not even comply with the order for grant of interim maintenance and the wife had to file execution petitions seeking recovery of the amount. The Trial Court dismissed the Petition on the ground that Respondent had not led any evidence and hence had failed to prove the factum of her marriage with the Petitioner and was not entitled to maintenance.

Later on the Trial Court accepted the Respondent’s application for restoration of the petition in 2015. This order of restoration has been challenged by the Petitioner before the High Court of Delhi.

When the matter came up before the High Court, the Court condemned the Trial Court’s order and observation by noting that the factum of marriage between the parties had never been disputed. It was further observed by the High Court that the averments in the Revision Petition itself established that there was no dispute with regard to factum of marriage.

While noting that even if assuming there is no evidence on record, the High Court was of the view that Trial Court can still pass an order of maintenance, if there are admissions on record.

The entire case can be accessed here.

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