SUSHIL DAS Vs. SONALI DAS

JUDGEMENT

(1.) In connection with a proceeding under Section 125 of the Code of Criminal Procedure, the trial Court rejected the prayer of the opposite party/wife for maintenance for herself and her minor daughter. The said order being challenged in a revision, the revisional Court reversed the same and directed the petitioner to pay a monthly maintenance at the rate of Rs. 400/- for the wife and at the rate of Rs. 300/- for her minor daughter, hence this criminal revision.

(2.) Heard Mr. Debabrata Roy for the petitioner as well as Mr. Sandip Kundu for the wife/opposite party and Mr. Sobhendu Sekhar Roy for the State. Perused the judgments of both the Courts below as well as the deposition of the witnesses filed along with this criminal revision. This is a case where both the marriage and the paternity of the child has been disputed and according to the case of the husband/petitioner, one Rina Das is his legally married wife and they have their own children.

(3.) It appears from the perusal of the judgment of the Trial Court, the Learned Magistrate refused to allow the prayer for maintenance on the ground that the wife has failed to prove performance of Saptapadi which is one of the essential rites of the Hindu Marriage, therefore, there was no valid marriage in the eye of law and, accordingly, wife is not entitled to any maintenance. However, the learned revisional Court upset the said order on the ground in a case relating to a proceeding under Section 125 of the Code of Criminal Procedure strict proof of marriage is not necessary. The Learned Judge further found from the evidence of the witnesses examined by the wife, it has been established both the petitioner and the wife lived together as husband and wife.