Law presumes in favour of marriage and against concubinage.
Presumption of a valid marriage
Standard of proof of marriage in Section 125 proceedings is not as strict as is required in a trial for an offence under Section 494 IPC – An order passed in an application under Section 125 does not really determine the rights and obligations of the parties as the section is enacted with a view to provide a summary remedy to neglected wives to obtain maintenance – Maintenance cannot be denied where there was some evidence on which conclusions of living together could be reached – When the parties have lived together as husband and wife, there is presumption that, they are legally married couple for claim of maintenance of wife under Section 125 of the Cr.P.C.
Dwarika Prasad Satpathi v. Bidyut Pravah Dixit [(1999) 7 SCC 676]