SANTHA KUMARI Vs. PADMANABHAN

JUDGEMENT

(1.) The petitioner filed an application for maintenance under S.125 of the Code of Criminal Procedure claiming to be the wife of the first respondent. The first respondent disputed the factum of marriage. The Trial Court on an elaborate consideration of the evidence, adduced on both sides, found in favour of the petitioner and directed the first respondent to pay a sum of Rs. 50/- towards maintenance from the date of the application, 7-12-1978.

(2.) The first respondent challenged this order before the Sessions Court. The Sessions Court did not consider the revision on the merits but directed that the question of marriage will be decided by the Civil Court. It is seen from the order that the counsel for both sides willingly accepted the suggestion made by Court as would be evident from the following observations in the lower court's order.

(3.) It is contended that the Court below has misunderstood the scope of the submissions made by the counsel appearing on her behalf, that in any case the court cannot abdicate its powers under S.125 of the Code by refusing to decide the question of marriage and relegating it to be decided by a Civil Court. The petitioner also relied on the decision reported in H. P. Gupta v. Manohar Lal ( AIR 1979 SC 442 ) and particularly the following observation:-