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SUPREME COURT OF INDIA
SANTOSH
VERSUS
NARESH PAL
March 2, 1998
Maintenance - Marital Status - The court held that in a proceeding for maintenance under Section 125 of the Code of Criminal Procedure, the magistrate is expected to pass appropriate orders after being prima facie satisfied about the marital status of parties. The decision will be tentative and subject to final order in any civil proceedings. The High court was not justified in interfering with the pure finding of fact reached by the learned Judicial Magistrate, and the order of the learned Magistrate passed under Section 125 Criminal Procedure Code was affirmed.
Fact of the Case:
The appellant claimed maintenance under Section 125 of the Code of Criminal Procedure, contending that she was the married wife of the respondent who had failed to maintain her. The Judicial Magistrate concluded that the respondent was divorced from his first wife and had entered into a second marriage with the appellant. The High court took a contrary view, stating that the appellant had not proved her marital status.
Finding of the Court:
The court found that the decision of the Judicial Magistrate in a proceeding under Section 125 Criminal Procedure Code was tentative and subject to final order in any civil proceedings. The High court was not justified in interfering with the pure finding of fact reached by the Judicial Magistrate, and the order of the learned Magistrate was affirmed.
Issues: The issues revolved around the marital status of the parties and the entitlement to maintenance under Section 125 of the Code of Criminal Procedure.
Ratio Decidendi: The court emphasized that in a proceeding for maintenance under Section 125 Criminal Procedure Code, the magistrate is expected to pass appropriate orders after being prima facie satisfied about the marital status of parties, and the decision will be tentative and subject to final order in any civil proceedings.
Final Decision: The appeal was allowed, and the judgment and order of the High court were set aside. No costs were awarded.
( 1 ) LEAVE granted.
( 2 ) WE have heard learned counsel for the parties finally by their consent. The short question is whether the appellant is the married wife of the respondent who had failed and neglected to maintain her and therefore, she is entitled to maintenance under Section 125 of the Code of Criminal procedure. Learned counsel for the respondent was right when he contendedthat unless there is a legal marriage between the parties, order under Section 125 Criminal Procedure Code cannot be passed. However, learned Judicial Magistrate after considering this question came to the conclusion that the respondent was already divorced from his first wife and thereafter he had entered into a second marriage with the appellant who was also a divorcee. The High court took the contrary view and observed that the appellant had not proved that she was the married wife of the respondent and that she had her first husband, Satendra and there was no dissolution of her marriage with him. These are the questions which are required to be thrashed out finally in civil proceedings. In a proceeding for maintenance under Section 125 Criminal Procedure Code the learned Magistrate was expected to pass appropriate orders after being prima facie satisfied about the marital status of parties. It is obvious that the said decision will be a tentative decision subject to final order in any civil proceedings, if the parties are so advised to adopt. Consequently, in our view the High court was not justified in interfering with the pure finding of fact reached by learned Judicial Magistrate in a proceeding under Section 125 criminal Procedure Code and therefore only on this short ground and without expressing any opinion on the marital rights of the parties which may have to be adjudicated in civil proceedings, the order of the learned Magistrate passed under section 125 Criminal Procedure Code will have to be affirmed and the judgment and order of the high court is set aside. The appeal is allowed. No costs.
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