JUGESH MARAR Vs. SONABAI

JUDGEMENT

(1.) The petitioner has filed this petition under section 482 of CrPC for quashing the order dated 20.7.2012 passed by learned Additional Sessions Judge, Mandla in CrR No. 43/11 arising out of the order dated 28.1.2011 passed by JMFC, Mandla in Special Case No. 3/09, by which order passed by the trial Court has been set aside and respondent No. 1 wife has been granted maintenance of Rs.

(2.) ,000/ - PM and respondent No. 2, son has been granted Rs. 1,000/ - PM under section 125 of CrPC. 2. Learned counsel for the petitioner submitted that marriage of the petitioner with the respondent No. 1 has not been proved and the learned Revisional Court is not justified in holding that respondent No. 1 is legally married wife of the petitioner, as no ceremony required proving the valid marriage has been proved. The marriage before Panchayat by exchange of garlands could not be treated as valid marriage. Further, the photos of garlanding before the Panchayat has not been proved by producing negatives of the photos.

(3.) Learned counsel for the petitioner has also cited a case of Orissa High Court in the matter of State v. Prasanna Kumar Senapati, 2007 CrLJ 1344 in which it has been held that none of witnesses has stated that accused and deceased were staying as man and wife, the alleged marriage at temple by exchange of garland was not recorded in marriage register maintained in temple. Therefore, it could not be said that valid marriage was subsisting between the accused and the deceased and in the absence of valid marriage section 498A of IPC does not come in operation.