April 11, 2019: Delhi High Court has observed that even if no evidence was led by the petitioner-wife in a maintenance case, the court can look into the other available materials such as admission of marriage in respondent reply and can grant maintenance under Section-125 CrPC.
Justice Sachdeva passed the judgment titled SURENDER SINGH ARYA vs MEENU ARYA on 05.04.2019.
Parties were married on 20.04.1998 and separated on 12.10.1998. Wife initiated maintenance proceedings on 14.05.2003 under Section 125 Cr.P.C. claiming maintenance. Trial court granted interim maintenance @ Rs. 2000/- per month. Proceedings remained pending from 2003 till 2012. During the said period also, despite the fact that maintenance was awarded only at Rs. 2,000/- per month, the petitioner-husband did not comply with the order and respondent was constrained to file execution petitions from time to time to recover the awarded amount. On 08.10.2012 the wife was not present. Her father moved a hand written application seeking exemption from appearance on the ground that she was not well and was referred to a government hospital. Said application was rejected and the court closed her evidence and as there was no evidence on record pronounced the judgment dismissing the petition holding that she had failed to prove that she was the legally wedded wife of the Petitioner.
The wife was litigating all these years since 2003 seeking maintenance. She was awarded maintenance at a meager amount of Rs. 2,000/- per month. 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 even that amount.
In this context the High Court observed “What the Trial Court has erred in not appreciating is that there was no dispute about the factum of marriage between the parties. Even before this court, the factum of marriage has not been disputed”.
The Court also observed “Even if assuming there is no evidence on record, Trial Court can still pass an order of maintenance, if there are admissions on record. In the present case, Trial Court has dismissed the petition only on the ground that factum of marriage has not been proved”.
Read the judgment here:
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