JUDGMENT 1. - This miscellaneous petition is directed against the order dated 20.8.94, passed by the learned Civil Judge (Senior Division)-cum-Chief Judicial Magistrate, Nagaur, by which the learned Magistrate granted interim maintenance. Rs. 300/- per month to Smt. Chanda. 2. Smt. Chanda filed an application under Section 125 Criminal Procedure Code, against her husband petitioner Madan Lal for the grant of maintenance on the allegations that she was married to petitioner Madan Lal and the Muklawa ceremony was performed in the month of Jyesth of Samwat Year 2034. She was kept by her husband for a short time and thereafter on account of inadequacy of the amount of dowry, she was turned-out from the house by her husband. A Panchayat was held but the reconciliation ended in failure and the litigations started. According to her, she is unable to maintain herself while petitioner Madan Lal has sufficient source of income and, therefore, she may be awarded maintenance @ Rs. 400/- per month. Alongwith the application for the grant oil maintenance, an application for the grant of interim maintenance was, also, moved by Smt. Chanda. The application for the grant of interim maintenance was opposed by the, husband and the allegations made in the application were denied by the husband. It was alleged by the petitioner-husband that there was no legal marriage solemnised under Section 5 of the Hindu Marriage Act between the parties and as there was no legal marriage, no conjugal relations were created and no relations of husband and will established and, therefore, no application under Section 125 Criminal Procedure Code is maintainable. The learned Magistrate, by his order dated 28.8.94, allowed the interim maintenance to Smt. Chanda @ Rs. 300/- per month. It is against this order that the petitioner has preferred this miscellaneous petition. 3. It is contended by the learned counsel for the petitioner that a legal marriage is a sine qua non for the grant of maintenance and unless and until it is proved, the maintenance cannot be granted to the applicant. According to him, the valid marriage between the parties has not been established and, therefore, the question of grant of maintenance does not arise. It has, also, been contended that there is nothing on record to show that any legal marriage was performed between the petitioner and the non-petitioner. 4. According to him, the valid marriage between the parties has not been established and, therefore, the question of grant of maintenance does not arise. It has, also, been contended that there is nothing on record to show that any legal marriage was performed between the petitioner and the non-petitioner. 4. I have considered the submissions made by the learned counsel for the petitioner and perused the order passed by the Court below. 5. In support of her application, Smt. Chanda filed the affidavits of Kana Ram, Ram Chandra and Bhanwar Lal while in reply to this, the petitioner filed the affidavits of Pancha Lal, Ram Swaroop and Parsa Ram. The learned Magistrate, while awarding the interim maintenance, considered the affidavits filed by these six persons and was, prima facie, of the opinion that the marriage between the parties took place and, therefore, he awarded the interim maintenance to the wife. The father of the applicant, in his affidavit, has, stated that the marriage of Chanda with petitioner Madan La1 was held and the marital rites were performed by Pandit Shanker Lal (R/o Nagaur), who is, now, no more. Bhanwar Lal, one of the deponents, who is the cousin of petitioner Madan Lal, has specifically stated that he attended the marriage ceremony of Madan Lal and Smt. Chanda and went in the Baarat of petitioner Madan Lal. Ram Chandra, who is living in the vicinity of petitioner Madan Lal, has, also, deposed in his affidavit regarding the marriage of petitioner Madan Lal with Smt. Chanda and he was, also, a member of the marriage-party. The petitioner, though filed the affidavits of three persons, but to contradict the,allegations made by the applicant-wife, he did not file any affidavit of his own or that of his father. The learned Magistrate, therefore, prima facie, accepted the averments made in the affidavits filed on behalf of the applicant-wife and awarded interim maintenance to her. The learned Magistrate has considered the evidence, produced by the parties, for prima facie, determining the question of grant of interim maintenance and the award of the interim maintenance by the learned Magistrate, at this stage, cannot be said to be, in any way, arbitrary, unjust or improper. The learned Magistrate has considered the case of both the parties in the right perspective prima facie for granting interim maintenance to the applicant. The learned Magistrate has considered the case of both the parties in the right perspective prima facie for granting interim maintenance to the applicant. From the evidence produced by the parties, prima facie the relationship of husband and wife between the parties stands established and, therefore, the learned Magistrate has not committed any illegality or irregularity in awarding interim maintenance to the wife. 6. The provisions relating to grant of maintenance are made with the object to compel a man to perform his moral obligations which he owes to the society in respect of his wife and the children and to protect the neglected wife and children against starvation and vagrancy leading to commission of the crime and to tide over the immediate difficulties. Keeping in view this object, if the learned Magistrate has awarded interim maintenance to the wife, no illegality appears to have been committed by him. The order, passed by the learned Magistrate, therefore, does not require any interference. 7. In the result, I do not find any merit in this miscellaneous petition and the same is hereby dismissed.Petition dismissed. *******