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october 2010

Supreme Court of India · 2010-10-07

Chanmuniya vs Virendra Kumar Singh Kushwaha & Anr

Citation / case number
AIR 2010 SC (SUPP) 29
Court
Supreme Court of India
Petitioner
Chanmuniya
Respondent
Virendra Kumar Singh Kushwaha & Anr
Bench
Asok Kumar Ganguly, G.S. Singhvi

Judgment text excerpt

The Supreme Court addressed the issue of whether a presumption of marriage arises when parties cohabit for an extended period, impacting claims for maintenance under Section 125 of the Cr.P.C. The Court held that the definition of 'wife' under Section 125 includes women who have lived with a man as husband and wife, even without a formal marriage, thereby entitling them to maintenance. The Court reversed the High Court's decision, affirming the Trial Court's ruling that recognized the appellant's status as the first respondent's wife based on their cohabitation and customs of marriage.

Chanmuniya vs Virendra Kumar Singh Kushwaha & Anr · Niyam