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october 2010

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.

CHANMUNIYA vs VIRENDRA KUMAR SINGH KUSHWAHA · Niyam