Uttarakhand High Court Sets Aside Maintenance Award, Orders Fresh Scrutiny

Claims of Marital Status and Identity Disputed; Family Court Directed to Reassess Evidence

In a significant decision, the Uttarakhand High Court has set aside an order awarding maintenance to a woman claiming to be the second wife of the revisionist, Khadak Singh, due to questions surrounding her identity and marital status. The judgment, delivered on November 14, 2025, by Justice Ashish Naithani, remanded the case to the Family Court in Nainital for further examination of evidence.

The case arose from a maintenance claim filed under Section 125 of the Criminal Procedure Code, 1973, wherein the claimant, Dhanuli Devi, asserted she was the second wife of Khadak Singh and mother to his two children. However, Singh contested her claims, stating that the woman was merely a maid posing as his wife to secure pensionary benefits.

Justice Naithani noted that the Family Court failed to examine the crucial factual aspects of identity and marital status with the requisite scrutiny. The High Court emphasized that the determination of these facts necessitates a thorough appreciation of oral and documentary evidence, which falls within the purview of the trial court.

During interactions with the parties, Dhanuli Devi maintained her identity as Khadak Singh's second wife, while Singh provided a death certificate of his first wife, asserting that the claimant was not his spouse. The Court observed a factual scenario with two women bearing the same name, further complicating the claims.

The judgment directs the Family Court to reassess the case, allowing both parties to present evidence regarding the claimant's identity and marital status. This fresh consideration is expected to resolve the discrepancies and establish whether Dhanuli Devi is entitled to maintenance under Section 125 of the Cr.P.C.

The decision highlights the importance of thorough judicial scrutiny in cases involving maintenance claims, particularly when identity and marital status are contested. The Family Court's reevaluation is anticipated to bring clarity to the conflicting narratives presented by both parties.

Bottom Line:

Maintenance claim under Section 125 Cr.P.C. - Identity and marital status of claimant contested - Order awarding maintenance set aside and matter remanded for fresh consideration after proper scrutiny of evidence.

Statutory provision(s): Criminal Procedure Code, 1973 Section 125.

Khadak Singh v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc Id # 2809668