Criminal Revision No.17(4) - Lakhimpur Judiciary

6home by the former's father. His clear admission during crossexamination to the effect that the Respondent/ first party is his legallymarried wife together with the statement that he sent his father andGaonburah, Sri Khagen Chutia to bring the Respondent/ first party backfrom her parental home to his house, are sufficient to prove that heaccepted the Respondent/ first party to be his legally married wife.The Honourable Supreme Court in the case ofDwarika Prasad Chatpathy -vs- Bidyut Prabhat Dikshit and another,reported in 2000 CrLJ 1 (SC), held - “Validity of the marriage for thepurpose of summary proceeding under Sec. 125 CrPC is to bedetermined on the basis of the evidence brought on record by the parties.Thus, the standard of proof of marriage in such proceeding is not asstrict as is required in a trial of offence under Sec. 494 of the I.P.C. If theclaimant in proceeding under Sec. 125 of the Code succeeds in showingthat she and the Respondent have lived together as husband and wife, theCourt can presume that they are legally wedded spouses and in such asituation, the party who denies the marital status can rebut thepresumption”. The Honourable Apex Court also held - “It is to beremembered that the Order passed in an application under Sec. 125CrPC does not finally determine the rights and obligations of the partiesand the said Section is enacted with a view to provide summary remedyfor providing maintenance to a wife, children and parents. From theevidence which is led if the Magistrate is prima facie satisfied withregard to the performance of marriage in a proceeding u/s 125 CrPC,which are of summary nature, strict proof of performance of essentialrites is not required. Either of the parties aggrieved by the Order of themaintenance u/s 125 CrPC can approach Civil Court for declaration ofstatus as the order passed u/s 125 CrPC does not finally determine therights and obligations of the parties.”From the evidence led by the parties as reproducedhere-in-before, it appears from the testimony of the Respondent/ firstparty and her father, DW.2 that the marriage between the parties tookContd...