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Sudama Prasad Pyasi vs Shail Bala And Ors. on 7 July, 1993

Madhya Pradesh High Court
Sudama Prasad Pyasi vs Shail Bala And Ors. on 7 July, 1993
Equivalent citations: II (1994) DMC 325
Author: P Chouhan
Bench: P Chouhan


JUDGMENT

P.N.S. Chouhan, J.

1. The Trial Court dismissed the petition Under Section 125 Cr. P.C. on 24 ‘6/89 on the ground that the proof required on solemnisation 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 Under Section 125 Cr.P.C. 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 Under Section 125 Cr.P.C. is not so high as in a case of prosecution Under Sections 494, 494, 497 or 498 I.P.C. (Jalandar Gorakh v. Sobhha (1972) 74 Bom. L.R. 755). In Sadhu v. Sarathibala (1985 Cr.LJ. 979 (Cal.), it has been held that evidence to the effect that the couple was living as husband and wife was enough to substantiate the claim for maintenance even in the absence of proof of the performance of Sapta-padi etc. Since such evidence was there in plenty the learned revisional Court below was justified in passing the impugned order, dated 7/7/93.

2. 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 Under Section 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 accumalated arrears. The payment should be made regularly by 10th of next month. This mode of paying the current claim with Rs. 200/- towards the accumulated arrears will continue till such date as the arrears are cleared.

3. Costs as incurred.

4. C.C. to both sides on payment.

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