In Brief
The Supreme Court held that in maintenance proceedings under Section 125 CrPC, strict proof of marriage is not required as the remedy is summary in nature, aimed at preventing destitution. When spouses cohabit and have children born to them, supported by birth certificates, photographs, and witness testimony, a presumption of valid marriage arises. The High Court erred in reversing the family court's award of maintenance to the appellant wife and children because it applied the stricter standard of proof used in matrimonial proceedings. The Court reinstated the family court's order directing monthly maintenance payments and allowed the appellants' appeal.
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