Reviewed case brief
Nanak Chand v. Chandra Kishore Agrawala
AIR 1970 SC 446
Authority on the standard of proof in maintenance proceedings under S.125 CrPC (now S.144 BNSS).
- Court
- Supreme Court of India
- Year
- 1969
- Subjects
- Bharatiya Nagarik Suraksha Sanhita, Family Law I (Hindu Law)
- Reviewed
- 2026-06-30
Rule established
In proceedings for maintenance under S.125 CrPC (now S.144 BNSS), the standard of proof is preponderance of probability, not proof beyond reasonable doubt. The wife need not prove neglect or refusal conclusively — a prima facie case suffices for the Magistrate to pass an order.
Facts
Issues
Held
Ratio decidendi
How to use it in an exam
Editorial source
AIR
Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.