2006 Supreme(All) 2893

[2006(10) ADJ 10 (NOC)
ALLAHABAD HIGH COURT
BEFORE : BARKAT ALI ZAIDI, J.
AMIT AGARWAL ......Applicant
Versus
STATE OF U.P. AND ANOTHER .......Opposite Parties
(Criminal Misc. Application No. 13162 of 2006, decided on 1st November, 2006)

Headnote:(A) Criminal Procedure Code, 1973—Section 125—Payment of maintenance—Proceeds on basis of de-facto marriage—Not on marriage de-jure.

       (B) Criminal Procedure Code, 1973—Section 125—Purpose of—A social welfare legislation mend for benefit of destitute women—Some should not be obstructed because of pleas about marriage being void/voidable/irregular.

       (C) Hindu Marriage Act, 1955—Section 5(iii)—Maintenance—Refusal to pay—On ground that applicant/husband was 20 years old at time of marriage—Applicant/husband cannot escape liability for payment of maintenance under Section 125 of CrPC—Because it proceeds on de facto marriage—Not on marriage de-jure.

       (D) Criminal Procedure Code, 1973—Section 125—Applicability of—Validity of marriage—No ground for refusal of maintenance—If other requirements for grant of maintenance under Section 125 of CrPC are fulfilled.