Point of Law : As it is a settled position of law that there is no strict prove of marriage is required in a proceeding under Section 125 of Cr.P.C.

JUDGMENT :

Heard Mr. G. Saikia, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. P. Kataki, learned counsel for the respondent No.2.

2. This is an application filed under Sections 401/397 of Cr.P.C. read with Section 482 of the Code of Criminal Procedure, 1973 challenging the order dated 21.06.2012 passed by the learned Additional Sessions Judge (FTC), Kamrup, Rangia in Criminal Revision No.45/2011, whereby, the learned Revision Court was pleased to set aside the order dated 27.05.2011, which was passed/by the learned Judicial Magistrate, First Class, Rangia in Case No.20M/11.

3. The brief facts leading to the filing of the present petition is that;

3.1. The present respondent/opposite party as first party had filed an application under Section 125 Cr.P.C. before the Court of learned SDJM, Rangia alleging interaliathat she is the wife of the present petitioner/opposite party as per the Marriage Agreement dated 22.12.2000, and out of their wedlock a male child was born. It was further stated that the present petitioner under intoxication used to torture the respondent and also neglected to maintain her and their child. And on 17.12.2006, the present petitioner assaulted the respondent and dragged her out along with her minor child from the Government quarter at Satgaon, Narengi, Guwahati. Thus, finding no alternative she took shelter at her parental house at Balisatra under Kayan Police Station along with her minor son and accordingly, she filed the petition under Section 125 Cr.P.C seeking for maintenance, as because the present petitioner was neglecting to maintain her and their minor son.

3.2. The present petitioner as opposite party contested the proceeding by filling written statement, wherein, he denied the allegation made by the first party/present respondent regarding torture and negligence, but he admitted the fact of marriage agreement with the present respondent.

3.3. After hearing both the parties, the learned Trial Magistrate disposed of the proceeding vide Judgment and Order dated 23.12.2007 by allowing the petition of the first party/present respondent and directed the second party/present petitioner to pay maintenance allowance @ Rs.1000/-(Rupees One thousand) only per month each to the respondent and to her minor son till he attains majority w.e.f. the date of the said order. Thereafter, the petitioner was paying the maintenance allowances.

3.4. On the basis of the marriage agreement dated 22.12.2000, the respondent was claiming herself to be the wife of the present petitioner and accordingly, she filed an application under Section 125 Cr.P.C seeking maintenance for herself and for her minor son. Thus for setting the issue once and for all, the present petitioner preferred a Title Suit being T.S. No.19/08, which was ultimately dismissed by the learned Munsiff No.4, Kamrup, Guwahati vide Judgment and Decree dated 02.03.2009. Thereafter, the petitioner had preferred an appeal being Title Appeal No.37/09 before the Court of learned Civil Judge No.3, Kamrup, challenging the said Judgment and Decree of dismissal passed by the aforesaid Court in T.S. No.19/08. And after hearing both the parties, the Title Appeal was decided on merit by the learned Civil Judge No.3, Kamrup, vide Judgment and Order dated 16.07.2010, who was pleased to set aside the Judgment and Decree of dismissal passed by the learned Trial Court and partly decreed the suit by declaring that Marriage Agreement dated 22.12.2000 has no legal force so far the marriage of the parties are concerned. It was also declared that the defendant/present respondent was not the legally married wife of the plaintiff/present petitioner. The said Judgment and Decree passed in Title Appeal No.37/09 was not challenged by the present respondent in any higher Court.

3.5. Thereafter, the petitioner had filed an application under Section 127 (2) Cr.P.C. along with a copy of Judgment before the l