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Judgment
Heard Mr. Jai Shankar Tripathi, learned counsel appearing on behalf of the petitioner.
Heard Mr. Anurag Kashyap, learned counsel appearing on behalf of the opposite party no .2.
Heard Mr. Tarun Kumar, learned counsel appearing on behalf of the opposite party- State.
Learned counsel for the petitioner submits that in the present case, the marriage has not been proved and accordingly, the order of maintenance is ex-facie illegal. The learned counsel further submits that even if the marriage is assumed to have taken place, there is no detail regarding date of marriage and it appears that the petitioner as well as the opposite party no. 2 were minor at the time of alleged marriage and therefore, the marriage itself is a nullity. He submits that in this view of the matter, the impugned order cannot be sustained in the eyes of law and suffers from perversity.
The learned counsel appearing on behalf of the opposite party no. 2, on the other hand, has referred to the judgement passed by the Hon'ble Supreme Court reported in (2019) 11 SCC 491. He refers to paragraphs 15, 21 and 22 of the said judgment. He also refers to another judgement reported in (2008) 3 Eastern Criminal Cases 233 (Patna) to submit that at the stage of deciding the case of maintenance under Section 125 Cr. P.C , there is no final adjudication regarding marriage and only prima-facie case is required to be seen so far as the marriage is concerned. He submits that even if the petitioner as well as the girl were minor on the date of marriage, the same is not null and void, but it is voidable and no petition has been filed for declaring the marriage as nullity. The learned counsel also submits that in spite of orders passed by the learned courts below, no amount has been remitted to the opposite party no. 2 so far.
So far as the learned counsel appearing for the opposite party- State Mr. Tarun Kumar is concerned, he has supported the submissions advanced on behalf of the opposite party no. 2.
Learned counsel appearing on behalf of the opposite party no. 2 shall furnish a copy of the judgements relied upon by him through email to the Court Master of this Court and the matter is directed to be posted on 31.08.2020 for further hearing.