Court finds lack of legal evidence regarding dissolution of previous marriage, affecting claimant's status as wife.
In a significant ruling, the Gauhati High Court has overturned a Family Court's decision that had directed Tufazzul Hussain to pay monthly maintenance to Fulmala Khatun, who claimed to be his wife. The judgment, delivered by Justice Pranjal Das, highlighted the necessity of proving the dissolution of any previous marriages to establish eligibility for maintenance under Section 125 of the Criminal Procedure Code.
The Family Court in Barpeta had earlier ordered Hussain to pay Rs. 3000 per month starting from November 2021. Khatun asserted her status as Hussain's wife after allegedly being ousted from his house following marital disputes and financial demands. However, Hussain contested the claim, insisting that Khatun was not his wife and asserting financial hardship.
The High Court examined the evidence presented, including Khatun's admission of a prior marriage to Manik Ali, which was claimed to be dissolved by an affidavit. The court found that a mere affidavit, not legally exhibited nor backed by statutory procedures, failed to substantiate the dissolution of the previous marriage.
Justice Das emphasized that while strict proof of marriage is not requisite for maintenance claims under Section 125 Cr.P.C., reasonable evidence of the dissolution of any preceding marital ties is essential. The court noted that Khatun did not provide adequate legal documentation or invoke statutory provisions like the Dissolution of Muslim Marriages Act, 1939, to dissolve her marriage with Manik Ali.
The judgment underscores the importance of legal proof in maintenance claims, aligning with precedents from the Supreme Court that have clarified the procedural nuances in such matters. By setting aside the Family Court's order, the High Court reinforced the need for substantial evidence to support claims of marital status and subsequent entitlement to maintenance.
This ruling serves as a crucial reminder for parties involved in maintenance disputes to ensure comprehensive legal compliance, particularly concerning the dissolution of previous marriages, to substantiate their claims effectively.
Bottom Line:
Section 125 Cr.P.C. - Strict proof of marriage is not necessary for granting maintenance, but the claimant must provide reasonable evidence of the dissolution of any previous marriage to claim maintenance as the wife of the respondent.
Statutory provision(s): Section 125 Cr.P.C., Section 438/442 BNSS 2023, Dissolution of Muslim Marriages Act, 1939.
Tufazzul Hussain v. Fulmala Khatun, (Gauhati) : Law Finder Doc id # 2842193
