Supreme Court of India · 2010-10-07
CHANMUNIYA vs VIRENDRA KUMAR SINGH KUSHWAHA
- Citation / case number
- SC 2009/9972
- Court
- Supreme Court of India
- Petitioner
- CHANMUNIYA
- Respondent
- VIRENDRA KUMAR SINGH KUSHWAHA
- Author
- GANGULY
- Bench
- G.S. SINGHVI,ASOK KUMAR GANGULY, , ,
Judgment text excerpt
The Supreme Court addressed the issue of whether a presumption of marriage arises under Section 125 of the Cr.P.C. when parties live together for an extended period without a valid marriage. The Court held that the definition of 'wife' under Section 125 includes women who have lived together with a man as husband and wife, even if the marriage is not legally valid. The Court ultimately ruled in favor of the appellant, affirming her right to maintenance despite the High Court's earlier ruling that denied the existence of a valid marriage.