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1994 DIGILAW 271 (MP)

SUDAMA PRASAD v. SHAIL BALA

1994-04-04

P.N.S.CHOUHAN

body1994
P. N. S. CHOUHAN, J. ( 1 ) THE trial Court disrnissed the petition u/s 125 Cr. P. C. on 24/6/1989 on the ground that the proof required on solernnization of rnarriage between the parties as per Hindu Rites was deficient. The revisional Court set aside that order on 7/7/1993 holding on the basis of evidence that the facturn of rnarriage between the parties was duly proved in context of the petition U/s 125 Cr. P. C. In view of the evidence of petitioners father that though he hirnself had not gone with the Barat being busy in rnarnage of his other son he had entrusted the task of perforrning petitioners rnarriage to one of his relations and petitioners Barat returned back withthe bride and thereafter they lived as husband and wife, the aforesaid finding of the revisional Court appears to De perfectly legal as the standard of proof of marriage u/s 125 Cr. P. C. is notso. high as in a case of prosecution u/ss 494, 495, 497 or 498 Cr. P. C. (Jalqndar v. Sobha1 ). In Sadhu v. Sarathibala2), 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 7/7/1993. ( 2 ) IT was then stated that the petitioner has already paid Rs. 13,000. 00 and odd towards the arrears and, therefore, the order of maintenance be made effective from 7/7/1993 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 10/10/1984. Therefore, the impugned order could have directed payment of maintenance either from 10/10/1984 or from 24/6/1989. 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. 00 towards the claim of maintenance for the month of April, 1994 us Rs. 200. 00 towards the accumulated arrears. The payment should be made regularly by 10th of next month. The petitioner is directed to pay from next month, i. e. May, 1994 a sum of Rs. 500. 00 towards the claim of maintenance for the month of April, 1994 us Rs. 200. 00 towards the accumulated arrears. The payment should be made regularly by 10th of next month. This mode of paying the current claim with Rs. 200. 00 towards the accumulated arrears will continue till such date as the arrears are cleared. Costs as incurred. Petition disposed of accordingly. .