Maintenance to Wife--Prior Marriage of Husband-- Not a ground to dismiss application under Section 125 CrPC
In proceedings under Section 125 of the CrPC, marriage is not required to be proved with the same strictness as in a trial for an offence under Section 494 IPC. A husband\'s claim of an existing legal marriage with another woman cannot, by itself, be a ground to deny maintenance to the wife and son. An adverse inference can be drawn against the husband where his testimony regarding the paternity of the child is inconsistent and contradictory.
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