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Valid Re-Marriage with Ex-Husband under Section 125 CrPC Presumed Only if Dissolution of Muslim Woman’s Intervening Marriage Is Proved: Kerala High Court

15 Dec 2025 4 min read
Valid Re-Marriage with Ex-Husband under Section 125 CrPC Presumed Only if Dissolution of Muslim Woman’s Intervening Marriage Is Proved: Kerala High Court

The Kerala High Court clarified important legal principles governing maintenance claims under Section 125 Code of Criminal Procedure in the context of Muslim personal law. The Court held that a presumption of valid remarriage between a Muslim man and his divorced wife cannot arise merely from long cohabitation unless the woman proves her intervening marriage, its consummation, and its lawful dissolution. The ruling came while deciding a revision petition challenging…

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