[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)
(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.
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