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.