Maintenance was sought under Section 125 CrPC, but the respondent argued that the woman had not provided formal proof of marriage.
The Calcutta High Court clarified that the focus of Section 125 is on the relationship between the parties and their ability to prove a living relationship, rather than formal documentation of marriage.
The court observed that the purpose of Section 125 is to prevent vagrancy and destitution, and to ensure that those who are in a dependent position receive maintenance.
Hence, the court ruled that strict proof of marriage should not be a barrier in such cases and factors like cohabitation can be considered when deciding on maintenance.
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