MD IMAM HUSSAIN ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) In this application, the petitioner has challenged the order dated 18-4-2004, passed by the Sessions Judge, Palamau in Cr. Revision No. 108 of 2000, dismissing the Revision filed by him and affirming the order of the learned Magistrate passed under Section 125, Cr.P.C., directing the petitioner to pay maintenance allowance @ Rs. 350/- per month to the Opposite Party No. 2 from the date of filing of the application by her.

(3.) Learned counsel for the petitioner has mainly submitted that there was no valid marriage between the parlies. It is submitted that according to the Muslim law, the Nikahnama must contain signature of at least two male witnesses but in the alleged Nikahnama, which was produced by the claimant-wife, there was only one witness of the marriage and therefore it was not fulfilling the requirement of law and, as such, the marriage was not valid.