Supreme Court of India · 2018-10-24
Kamala vs M.R.Mohan Kumar
- Citation / case number
- AIR 2018 SUPREME COURT 5128
- Court
- Supreme Court of India
- Petitioner
- Kamala
- Respondent
- M.R.Mohan Kumar
- Author
- R. Banumathi
- Bench
- Indira Banerjee, R. Banumathi
Judgment text excerpt
The Supreme Court held that under Section 125 Cr.P.C., a presumption of marriage arises when parties live together as husband and wife, which the respondent failed to rebut. The Court found that the family court had sufficient evidence to establish the marital relationship and the legitimacy of the children, thus entitling the appellants to maintenance. The High Court's decision to set aside the family court's order was overturned, reinstating the maintenance awarded to the appellants.