Maintenance

Maintenance –Direction for payment

The term ‘wife’ to include even those cases where a man and woman have been living together
as husband and wife for a reasonably period of time , strict proof of marriage should not be a pre- condition for maintenance under the section. Sarangadhar Behera v.Smt.Gopal Behera.(CLT (2013) Supp.Cri.15)

(S.Panda , J)

Sec.125

In a proceeding under the section the law does not require application of strict standard of proof
to establish the marriage and each case has to be considered on its own facts and circumstances –– In the present case the Petitioner and Opp. party were living as husband and wife nearly eight years and the society has accepted them as husband and wife -No interference with the impugned order.
A little difference in the facts or additional facts may make a lot of difference in precedential value of a decision –Judicial utterance are made in setting up of the facts of a particular case.