SUDAMA PRASAD PYASI Vs. SHAIL BALA

JUDGEMENT

(1.) THE trial Court dismissed the petition u/s 125 Cr.P.C. on 24.6.89 on the ground that the proof required on solemnization of marriage between the parties as per Hindu Rites was deficient. The revisional Court set aside that order on 7.7.93 holding on the basis of evidence that the factum of marriage between the parties was duly proved in context of the petition u/s 125 Cr.P.C.

(2.) IN view of the evidence of petitioner's father that though he himself had not gone with the Barat being busy in marriage of his other son he had entrusted the task of performing petitioner's marriage to one of his relations and petitioner's Barat returned back with the bride and thereafter they lived as husband and wife, the aforesaid finding of the revisional Court appears to be perfectly legal as the standard of proof of marriage u/s 125 Cr.P.C. is not so high as in a case of prosecution u/Ss. 494, 495, 497 or 498 Cr.P.C. (Jalandar Gorakh v. Sobha. [(1972) 74 Born LR 755].

(3.) IT was then stated that the petitioner has already paid Rs. 13,000/ - and odd towards the arrears and, therefore, the order of maintenance be made effective from 7.7.93 the date when the revisional Court decided the issue for the first time against the petitioner. The application u/s. 125 Cr.P.C. was initially presented on 10.10.84. Therefore, the impugned order could have directed payment of maintenance either from 10.10.84 or from 24.6.89. It has been made operative from the latter date. In such circumstances, there is no justification for altering this date. However, the prayer for direction for clearing the arrears in instalments is allowed. The petitioner is directed to pay from next month, i.e., May, 1994 a sum of Rs. 500/ - towards the claim of maintenance for the month of April, 1994 plus Rs. 200/ - towards the accumulated arrears.