Mantush Choudhury @ Mantu Choudhury v/s State of Assam : 2018 LRC Online 544 (Gau) [Gauhati HC; Hon'ble Mir Alfaz Ali. J; Crl. Rev P. No. 183 of 2017 : Decided on : 15/02/2018]
Section 125-Grant of maintenance-Revision-When the maintenance petition was based on the claim that there was marriage on a particular day and admittedly they did not live as husband and wife and the factum of marriage as claimed by the respondent, having found improbable and absurd negating any marital relationship between the parties, no maintenance could be granted under Section 125 CrPC- findings of Trial Court with regard to marital relationship between the parties was perverse and the learned Trial Court fell in error while deciding that there was relationship of marriage between the parties on the spacious argument that no strict proof of marriage is required for a proceeding under Section 125 CrPC ignoring the material evidence on record-Impugned order set aside-Petition allowed.