The Apex Court on a careful consideration of the submissions and impugned judgment along with the material placed on record and placing reliance on Dwarika Prasad Satpathy v. Bidyut Prava Dixit, (1999) 7 SCC 675, stated that:
“Unlike matrimonial proceedings where strict proof of marriage is essential, in the proceedings under Section 125 CrPC, such strict standard proof is not necessary as it is summary in nature meant to prevent vagrancy.”
Therefore, the Supreme Court stated that family court on the basis of documentary and oral evidence held rightly in favour of the appellant and High Court being the revisional court had no power of reassessing the evidence and substitute its views on findings of facts. Hence, the impugned judgment of the High Court was set aside and the present appeal was allowed with a liberty given to the appellants to approach the family court for further enhancement of maintenance if required. [Kamala v. M.R. Mohan Kumar,2018 SCC OnLine SC 2121, decided on 24-10-2018]