Maintenance to Wife -- Contradictory Statements on Date of Marriage -- Maintenance proceedings cannot be quashed where the nature of the marital relationship requires determination through evidence at trial
(i) Bharatiya Nagarik Suraksha Sanhita, 2023, S.144 -- Maintenance to Wife -- Contradictory Statements on Date of Marriage -- In a proceeding under Section 144 BNSS, it is sufficient to establish a relationship in the nature of husband and wife, and such relationship can be established only through evidence at trial. Contradictions in statements regarding the date and place of marriage create doubt but do not by themselves warrant quashing of maintenance proceedings, as the factum of marriage and the nature of the relationship must be examined during trial. (ii) Bharatiya Nagarik Suraksha Sanhita, 2023, S.528 -- Quashing of Proceedings -- Disputed Questions of Fact -- Disputed questions of fact requiring evidence cannot be decided by the High Court in exercise of its inherent powers to quash proceedings. Where determination of a fact necessary for entitlement to relief depends on evidence, the proceedings must be allowed to continue to trial.
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