Right To Maintenance Under Section 125 Of Criminal Procedure Code , 1973

The Hon'ble Supreme Court in a path breaking judgment Chanmuniya Vs. Chanmuniya Virendra Kumar Singh Kushwaha and Anr¹ held that "Where partners lived together for a long spell as husband and wife, a presumption would arise in favour of a valid wedlock"

FACTS OF THE CASE :

1. One Sarju Singh Kushwaha had two sons, Ram Saran (elder son) and Virendra Kumar Singh Kushwaha (younger son and the first respondent). The appellant, Chanmuniya, was married to Ram Saran and had 2 daughters-Asha, the first one, was born in 1988 and Usha, the second daughter, was born in 1990. Ram Saran died on 7.03.1992.

2. Thereafter, the appellant contended that she was married off to the first respondent as per the customs and usages prevalent in the Kushwaha community in 1996. The custom allegedly was that after the death of the husband, the widow was married off to the younger brother of the husband. The appellant was married off in accordance with the local custom of Katha and Sindur.