Court Rules Relationship in Nature of Marriage Sufficient Under BNSS Section 144; Quashing of Proceedings Denied Amid Contradictory Statements by Respondent
The Gauhati High Court, in a significant judgment dated August 21, 2026, refused to quash maintenance proceedings initiated by Smti. Nayanmoni Choudhury against Shri Suraj Chetry, emphasizing that establishing a relationship in the nature of husband and wife is sufficient for claiming maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
The case arose when the respondent, Smti. Nayanmoni Choudhury, filed a maintenance petition before the Family Court, claiming to be married to the petitioner, Shri Suraj Chetry. The petitioner challenged the proceedings, citing contradictory statements by the respondent regarding the date and place of their alleged marriage and denied the existence of any marital relationship.
Petitioner's counsel argued that the respondent had filed false FIRs and fabricated claims to extract money, highlighting discrepancies in the respondent's statements about pregnancy and marriage dates. The petitioner had also faced criminal trials and a domestic violence case filed by the respondent, which were either acquitted or pending.
However, the High Court, presided over by Justice Sanjeev Kumar Sharma, clarified that the mere presence of conflicting statements regarding the marriage particulars cannot be a ground to quash the maintenance proceedings. The court noted that such factual disputes require a detailed trial and cannot be decided summarily in inherent jurisdiction.
Relying on the Supreme Court precedent in Dwarika Prasad Satpathy Vs. Bidyut Prava Dixit (1999) 7 SCC 675, the Court held that if it is proven that the parties lived together as husband and wife, a legal presumption of marriage arises, and the burden shifts to the other party to disprove it. The Court further emphasized that in maintenance claims under Section 144 BNSS, it suffices to prove a relationship akin to marriage, which is to be adjudicated through trial evidence.
The Court thus declined to exercise its inherent powers to quash the maintenance proceedings, underscoring the importance of trial to resolve the disputed facts, including the nature of the relationship and the legitimacy of marriage claims.
This judgment reinforces the protective intent of the BNSS maintenance provisions and ensures that claimants are not deprived of their rights due to procedural or evidential discrepancies at the initial stage. It also highlights the judiciary's cautious approach in interfering with family court proceedings involving maintenance claims.
Bottom Line:
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 144 - Maintenance claims - Establishing a relationship in the nature of husband and wife is sufficient for claiming maintenance under Section 144 BNSS - Discrepancies in dates and places of marriage do not warrant quashing of proceedings, as such issues require adjudication during trial.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 144, Section 438, Section 442; Indian Penal Code Sections 417, 294, 506, 341, 323; Cr.PC Section 321; Domestic Violence Act, 2005
Shri Suraj Chetry v. Smti. Nayanmoni Choudhury, (Gauhati) : Law Finder Doc Id # 2965094
