D . Velusamy vs . D . Patchaiammal ( 21 . 10 . 2010 - SCI ) Criminal - Maintenance - Relationship in the nature of Marriage — Section 125 of the Code of Criminal Procedure, 1973 - High Court upheld finding of Trial Court that Appellant married to Respondent and not to ‘L’ - Hence the Appeal - Whether Appellant was married to Respondent or whether they lived in “relationship in the nature of marriage” - Held, Courts below erred in law in holding that ‘L’ was not married to Appellant since notice was not issued to her and she was not heard - Respondent cannot claim to be wife of Appellant, unless it is established that Appellant was not married to ‘L’ - There was also no finding in the impugned judgment on the question whether Appellant and Respondent had lived together for reasonably long period of time in relationship which was in the nature of marriage - Matter remanded to Trial Court for fresh adjudication - Appeal Allowed.
Posted on: Mon, 10 Jun 2013 12:41:00 +0000
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