RAMESH CHAND Vs. GANGAWATI

JUDGEMENT

(1.) THIS application under Section 482 of Cr.P.C. has been filed against the order dated 19.03.2010, passed in Criminal Revision No.18/2009, by Sessions Judge, Dindori, arising out of order dated 06.06.2008, passed in Misc. Criminal Case No.66/2008, by Judicial Magistrate First Class, Dindori.

(2.) IT is mainly contested by the learned counsel for the applicant that the respondent no.1 wife does not adduced sufficient evidence that she is legally wedded wife of the applicant and respondents no.2 and 3 are the children of the applicant.

(3.) STRICT proof of marriage is not necessary - Sumitra v Bhikan : AIR 1985 SC 765 : (1985) 1 SCC 637 : 1985 SCC (Cr) 145 : (1985) 2 Crimes 88 : 1985 CrLJ 528. In considering application for maintenance by wife, the criminal court cannot enquire whether marriage was legal or illegal. The standard of proof need not be so high as required either in a proceeding under the Divorce Act or in prosecutions under Sections 494, 495, 497 or 498, I.P.C. Dwarika v Bidyut : (1999) 7 SCC 675 : Cr.L.J. 1 (SC).