A claim for maintenance under Section 125 CrPC Muslim Re-Marriage Presumption cannot rest only on long cohabitation, the Kerala High Court has held, unless the Muslim woman proves the complete legal chain of her intervening marriage, its consummation, and its lawful dissolution.
The ruling clarifies the limits of presumptions arising from live-in arrangements under Muslim personal law.
Justice Kauser Edappagath examined a revision petition filed by a Muslim man who questioned a Family Court order directing him to pay monthly maintenance of Rs. 6,000 to his former wife.
The woman asserted that after the dissolution of her second marriage, she had lawfully remarried the petitioner, thereby entitling her to maintenance under Section 125 CrPC.
Section 125 CrPC Muslim Re-Marriage Presumption Explained
The High Court reiterated that while prolonged cohabitation can raise a rebuttable presumption of marriage, such a presumption does not operate mechanically under Muslim law where legal impediments exist.
For a valid remarriage with an ex-husband, Muslim law mandates strict compliance with the doctrine of Nikah Halala.
The Court explained that a divorced Muslim woman cannot remarry her former husband unless she lawfully marries another man, the marriage is consummated, and thereafter legally dissolved.
Unless these foundational facts are proved, any alleged remarriage with the former husband has no legal recognition.
Facts Considered by the Court
The parties were married for three years before their marriage ended in divorce. The husband subsequently entered into two marriages, one of which ended due to the death of his wife.
The respondent woman claimed that she had married another man after divorcing the petitioner and later remarried the petitioner following the dissolution of that intervening marriage.
However, the High Court noted that the maintenance petition did not disclose particulars of the second marriage or its dissolution.
While the existence of the intervening marriage was not seriously disputed, its lawful dissolution and the alleged remarriage with the petitioner were both contested.
Presumption of Marriage and Its Legal Limits
Addressing precedents on cohabitation, the Court observed that the presumption of a lawful marriage arises only where there is no legal obstacle to such a union.
If the woman continues to be the legally wedded wife of another living husband, the presumption stands excluded.
In the context of Section 125 CrPC Muslim Re-Marriage Presumption, the Court held that unless the dissolution of the second marriage is first proved, the claim of a valid re-marriage with the former husband cannot be accepted, regardless of long cohabitation.
Remand for Fresh Evidence
While setting aside the Family Court’s approach, the High Court found it appropriate to grant the woman an opportunity to adduce further evidence.
The matter was remanded to the Family Court with a direction to permit both sides to lead additional evidence and to dispose of the maintenance plea within three months.
The ruling reinforces that Section 125 CrPC Muslim Re-Marriage Presumption is conditional, rebuttable, and subject to strict proof of personal law requirements before maintenance can be ordered.
Case Details
- Case Title: V.P. Abdurahiman v. C. Safiya
- Case Number: RPFC No. 343 of 2024
- Court: Kerala High Court
- Bench: Justice Kauser Edappagath
- Counsel for Petitioner: C. Dinesh, K. Ramakumar Senior Advocate
- Counsel for Respondent: P. Samsudin, Jasneed Jamal, Lira A.B., Devika E.D., Abin Rashid
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V.P. Abdurahiman v. C. Safiya
