( 1 ) HEARD learned counsel for the parties. Appellant in this case is the defendant and husband of respondent. Respondent plaintiff filed a suit for maintenance at the rate of rs. 100. 00 per month and the maintenance charges Rs. 200. 00. The suit was dismissed by the learned Civil Judge (Junior Division) Bhuj but in appeal the learned Assistant Judge of Kutch set aside the judgment and decree of the Trial Court and decreed the plaintiffs suit to recover sum of Rs. 100. 00 per month for maintenance from the defendant appellant. Costs of the suit and appeal was also awarded. On being Second Appeal preferred before this Court, the Court while admitting the appeal formulated substantial question of law said to be involved for consideration in this case : "where the marriage solemnised is in contravention of the provisions of the child Marriage Restraint Act is void or valid. The suit was filed on 11. 11. 1974. The plaintiffs case was that her marriage with the defendant took place in the Samvat Year 2025 according to rites and ceremony of Leuva kanbi caste and she resided with her husband after marriage. She gave birth to one child whose name is Ramji and who is about on