Maintenance to Wife -- Long Cohabitation as Husband and Wife -- Strict proof of marriage not insisted upon
(i) Criminal Procedure Code, 1973, S.125 -- Maintenance to Wife -- Long Cohabitation as Husband and Wife -- Where continuous cohabitation as husband and wife is established and the relationship is otherwise admitted, strict documentary proof of a valid marriage cannot be insisted upon to defeat a maintenance claim. A purposive and socially contextual approach must guide adjudication of such claims, and technicalities cannot override established cohabitation. (ii) Maintenance to Child -- Illegitimate Child -- Father liable to maintain irrespective of legitimacy (iii) Criminal Procedure Code, 1973, S.125 -- Maintenance to Child -- Illegitimate Child -- The obligation of a father to maintain a child extends to both legitimate and illegitimate children. Legitimacy of the child does not affect the entitlement to maintenance from the father.
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