A A BALASUNDARAM Vs. A VIJAYAKUMARI

JUDGEMENT

(1.) The revision petition filed by the husband is directed against an order awarding maintenance of Rs. 150.00 per month to the wife, whereas the criminal petition challenges the order confirming the finding of the Courts below that the marriage between the parties is a valid one.

(2.) The wife filed a petition alleging that the marriage between herself and the revision petitioner took place on 7-2-1987 at Rajahmundry in a temple as per Hindu rites and that due to estrangement of relations, she was forced to be away from the husband and live with her parents. It is in her evidence, as P.W. 1, during the course of cross-examination, that she was a Christian by birth, whereas the husband was a Hindu. The trial Court found the marriage between the parties to be valid, but refused to grant maintenance on the ground that the husband has no source of income. When the matter was taken in revision, the Court below awarded a maintenance of Rs. 150.00 per month to the wife upholding the finding regarding the validity of the marriage. Hence, the revision petition and the criminal petition by the husband.

(3.) In view of the admission that the wife was a Christian by birth, whereas the husband was a Hindu and the marriage between them took place as per Hindu rites, the question that arises for consideration is whether the marriage is a valid one for purposes of granting maintenance under section 125, Cr.P.C.