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The law presumes in favour of marriage, and against concubinage, when a man and woman cohabit continuously for a number of years. Unlike matrimonial proceedings where strict proof of marriage is essential, in proceedings u/S. 125

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NC: 2024:KHC:14466 Cr.P.C. such strict standard of proof is not necessary."

10. Section 125 of Cr.P.C. is a social beneficial legislation. The object of this provision is to achieve social justice by providing social security to the destitute. Even divorced wife is entitled for maintenance as per Section 125 of Cr.P.C. as per law laid down by the Hon'be Supreme Court in the catena of decisions. When this being the facts, if husband obtains decree for restitution of conjugal rights and wife refuses to join companionship of husband, whether it takes away right of wife for claiming maintenance is the question to be considered in the present case.