In summary maintenance proceedings, strict proof of a valid marriage is not required. Establishing a prima facie case through documentation or evidence of cohabitation is sufficient to support an interim maintenance order until the marriage is formally declared null and void by a competent court.

JUDGMENT :

CHAITALI CHATTERJEE DAS, J.

1. The petitioner has assailed by filing this application under Section 397/401 read with Section 482 Cr.P.C. an order dated 12.2.2024 passed by the Learned Additional Sessions Judge, 3^rd Court, Asansol, Paschim Bardhhaman, in criminal revisional application reversing an order of ad interim maintenance, granted by the Learned Magistrate.

Fact of the case

2. The petitioner was a Hindu Lady, and got married with the Opposite party with whom she had a love affair according to the Muslim Rites and Customs being converted to Islam. The said Marriage was registered before Muslim Marriage Registrar and Kazi at Asansol on 12.8.2016 at the City Residency at N.H. 2, G.T. Road, Ningha, Post Office Ningha, Police Station Jamuria, District Paschim Bardhaman and a delmohar was also fixed . A male child was born out of the said wedlock on 20.1.2017 namely Akhsay Mollah at Central Nursing Home, Apcar Garden, Asansol. After solemnization of the marriage they used to reside at the quarter of Opposite Party at MMC Colony.

3. It is the further case of the petitioner that she was subjected to torture by the opposite party and also threatened her to be implicated in a false case if any complaint is lodged by her against him. On 13.2.2018 all of a sudden the opposite party left the home and never returned back and on asking from his superior officer she came to learn that he was on leave for three days. After that he refused to leave with her and deserted them.

4. The petitioner was informed by the concerned authority on 8.9.2023 that the current income of the opposite party is more than Rs. 75,000/- per month and he is working as Sub-Inspector but the petitioner or her child was not paid any maintenance. Having no other alternative she filed an application claiming maintenance under Section 125 Cr.P.C before the Additional Chief Judicial Magistrate ,Asansol which was transferred to the Learned Judicial Magistrate, 2nd Court ,Asansol .The Opposite Party no. 2 appeared on 23.7.2019 challenging the marriage itself and also the paternity of the child however he never filed his Affidavit of Asset and liability .The petitioner filed a writ petition being WPA 16128 of 2022 where direction was given to the Superintendent of police, Hooghly to constitute a team for investigation.

5. The petitioner had to file another writ petition after receiving threat, being WPA 22479 of 2022 and on 2.5.2023 liberty was given to her to file appropriate complaint with the Arambag Police Station. The learned Judicial Magistrate 2nd Court Asansol, Paschim Bardhhaman on 14.3.203 allowed the interim maintenance to the tune of Rs. 5000/- per month for herself and Rs. 4000/- for the minor son. The Opposite Party being aggrieved thereby filed the revisional application and by the order impugned the order of maintenance was set aside directing the matter to be heard afresh.

Submission

6. The Learned Advocate representing the petitioner submits that the petitioner filed the marriage certificate and the birth certificate which bears the name of the Opposite Party. That apart she lodged the complaint against him under Section 498A /323/406/506 IPC and after investigation the charge sheet was submitted against him which prima facie proves that she is the married wife of the Opposite Party no. 2 and the learned Judicial Magistrate rightly passed the order granting interim maintenance which has been set aside by the Learned Revisional Co