S. N. DODDAMANE Vs. M.S. LAKSHMI

JUDGEMENT

(1.) The challenge is to maintenance order. Learned counsel appearing for the petitioner-husband vehemently argues that the so called Marriage Registration Certificate dtd. 3/12/1998 is a bogus document; there is no vinculum juris of marital relationship between the parties; for awarding maintenance, the proof of vinculum juris is a sine qua non; that being lacking, impugned order is liable to be voided.

(2.) Learned counsel appearing for the respondent- wife vehemently opposes the petition making submission in justification of the impugned order and the reasons on which it has been constructed. He heavily banks upon registered Certificate of Marriage placed on the record of petition. He also contends that in deciding claims for maintenance, a deeper examination of the marital status is not required as observed by the Hon'ble Apex Court in a catena of decisions; that being the position, the petition is liable to be rejected.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court is broadly in agreement with the submission made on behalf of the respondent. There is admittedly a registered Certificate of Marriage; its authenticity is disputed by the petitioner, is true; where there is a registered instrument, it raises a prima facie presumption of its validity. No other material rebutting such a presumption which otherwise arises under Sec. 114 of the Indian Evidence Act, 1872 is produced by the petitioner. No proceedings are taken in law for voiding the certificate.