A Division bench of the Supreme Court held as follows,
“6………………In our view, validity of the marriage for the purpose of summary proceeding under Section 125 Cr.P.C. is to be determined on the basis of the evidence brought on record by the parties. The standard of proof of marriage in such proceeding is not as strict as is required in a trial of offence under section 494 of the I.P.C. If the claimant in proceedings under Section 125 of the Code succeeds in showing that she and the respondent have lived together as husband and wife, the Court can presume that they are legally wedded spouses, and in such a situation, the party who denies the marital status can rebut the presumption………………”
Dwarika Prasad Satpathy Vs Bidyut Prava Dixit and Anr on 14 Oct 1999
Citations : [1999 ACR SC 3 2547], [1999 AIR SC 3348], [1999 ALD CRI 2 955], [1999 ALR 37 733], [2000 ALT CRI 1 29], [1999 CALLT SC 3 61], [2000 CLT SC 89 167], [1999 GLH 2 1037], [1999 JT SC 8 329], [2000 LW CRL 1 218], [2000 PLJR 1 61], [2000 RLW SC 1 23], [1999 SCALE 6 579], [1999 SCC 7 675], [1999 SUPP SCR 3 684], [1999 SCC CRI 1345], [1999 SUPREME 8 602], [2000 CRLJ 0 1], [1999 RCR CRIMINAL 4 577], [2000 CRI LJ 0 1], [2000 OCR SC 18 348], [1999 AIR SC 3844], [2000 BOMCR CRI SC 731], [1999 CRIMES SC 3 206], [2000 LW CRL 1 217], [2000 CRLJ SC 1], [1999 AIR SCW 3844]
Other Sources :
https://indiankanoon.org/doc/305700/
https://www.casemine.com/judgement/in/5609ad5ee4b0149711411339
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