PYARE LAL Vs. BASANTI DEVI

JUDGEMENT

(1.) THE respondent -wife was declined the maintenance by the learned trial Court, under Section 125 of the Code of Criminal Procedure from the petitioner herein, on the ground that she was not his legally wedded wife.

(2.) THE respondent challenged the impugned order before the Court of Sessions, by filing Criminal Revision No. 25 -S/10 of 2007, which was allowed vide a detailed judgment dated 10.7.2008, holding that a strict proof of marriage is not required in these proceedings and there was enough evidence to prove the case of respondent wife, as such the order of the trial Magistrate was reversed and she was awarded the maintenance @ Rs. 1,000/ - per month w.e.f. 3.5.2007, which has been assailed in this petition preferred under Section 482 Cr.P.C. by the petitioner -husband.

(3.) CONTRA , the impugned judgment has been supported by the learned Counsel for the respondent. While placing reliance on the judgment of the Supreme Court in Dwarika Prasad Sdtpathy v. Bidyut Prava Dixit and Anr. 2000CriLJ1 . The legal position stood explained by this Court in Bidhi Chand v. Smt. Kanta Devi Latest 2008 MHLJ 1234 whereby it was held that the validity of the marriage for the purpose of summary proceedings under Section 125 of the Code of Criminal Procedure is required to be determined on the basis of the evidence on record by the parties and the standard of proof of marriage in such proceeding is not as strict as required in a trial of the offence under Section 494 of the Indian Penal Code. If the claimant in such proceedings succeeds in showing that she and her husband lived together as husband and wife, the Court can presume that they are legally wedded spouses and it is not necessary to further probe the matter in the summary proceedings of this nature.