Woman In Levirate Marriage, Where Widow Marries Husband’s Brother, Entitled To Maintenance: HC

Last Updated:July 14, 2025, 19:15 IST

“Where a long-standing and socially accepted custom exists allowing such marriage, it may be treated as valid in law,” the court held

Justice Chaudhuri noted that the woman’s plea of custom had been raised and needed proper judicial examination, not outright rejection.

In a significant ruling promoting social justice and gender equality, the Patna High Court (HC) has allowed a woman’s plea for maintenance under Section 125 of the Criminal Procedure Code (CrPC), even though her marriage with the respondent was disputed and allegedly fell within prohibited degrees under Hindu Law.

The court, in Sangeeta Devi v. Pawan Kumar Singh & Ors., set aside a June 2024 order of the Family Court, Kaimur, which had dismissed the woman’s maintenance application on the grounds that she was not the legally wedded wife of the respondent.

Justice Bibek Chaudhuri held that in maintenance proceedings under Section 125 CrPC, strict proof of marriage is not mandatory if the woman has been socially accepted as the wife and has lived in a domestic relationship, particularly where children have been born out of that union.

The petitioner, Sangeeta Devi, claimed she married Pawan Kumar Singh in 2010 in accordance with the prevailing custom of her community, where a widow is permitted to marry her deceased husband’s younger brother, a practice known as levirate marriage or kareva. The couple had two sons during their cohabitation. She alleged that Singh, a police constable, abandoned her and the children without financial support for the past six years.

The respondent denied the marriage, stating that the petitioner was his brother’s widow and therefore their union was void under Hindu Marriage Act provisions prohibiting marriage within certain degrees of relationship. However, the High Court emphasized that Section 5(iv) of the Hindu Marriage Act allows such marriages if they are sanctioned by custom.

“Where a long-standing and socially accepted custom exists allowing such marriage, it may be treated as valid in law," the court held.

Justice Chaudhuri noted that the woman’s plea of custom had been raised and needed proper judicial examination, not outright rejection. The court also relied on the past Supreme Court decisions, including Chanmuniya v. Virendra Kumar Singh Kushwaha and Badri Prasad v. Dy. Director of Consolidation, to hold that cohabitation and acknowledgment of children give rise to a strong presumption of marriage.

“Disregarding such a union would not only be legally unsound but would also send a regressive message to society, undermining the dignity of women and the security of children born from such relationships," the court observed.

Calling the Family Court’s rejection “legally unsustainable", the High Court remanded the matter back for a fresh hearing, directing that both parties be allowed to lead evidence, especially on the question of custom and cohabitation.

The ruling reaffirms the principle that Section 125 CrPC is a welfare legislation meant to prevent destitution, and its benefits should not be denied on rigid technicalities, particularly where the woman has lived in a domestic relationship, raised children, and has been abandoned.

Location :

First Published:

News india Woman In Levirate Marriage, Where Widow Marries Husband’s Brother, Entitled To Maintenance: HC