SYED AHAMED SHERIFF Vs. RAJINAMANI

JUDGEMENT

(1.) THIS revision is by the husband. The respondents herein filed an application under section 125, Criminal Procedure Code claiming maintenance to the rate of Rs. 400 in all against petitioner herein. The petitioner's case was that the first respondent herein was not his legally wedded wife and that the two children (respondents 2 and 3) were not born to them. The magistrate, finding that there was a marriage agreement between the parties, exhibit P. 1, held that there was a legal marriage. As for the children, on a consideration of the marriage agreement, the evidence of the mother and the birth certificates issued by the Corporation of Trichi, Exhibit P. 3 and P. 4, he held that they were children born to the petitioner herein and accordingly ordered payment of maintenance to the tune of Rs. 125 per month in favour of the first respondent (wife) and Rs 50 each per month in respect of the children. THIS order is challenged by the petitioner in this revision petition.

(2.) THE learned counsel appearing for the revision petitioner contended that the marriage between a Christian and a non-Christian, the first respondent herein being a Christian and the petitioner being a muslim, has necessarily to be solemnised as per the provisions of Indian christian Marriage Act, and that otherwise it would be void as per the provisions of S. 4 of the Act It is not shown ihat the marriage has been celebrated in accordance with the Act. It is true that according to the strict mohammadan Law, a marriage between a Muslim and a non-Muslim, especially a christian, is perfectly allowed and valid. But that position of law will prevail if Mohammadan Law is only to operate. In India Mohammadan Law in that field is corrected and modified by the Indian Christian Marriage Act as for as the marriage of Muslim and Christian is concerned. THErefore, no relief can be afforded to the petitioner in this case.