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Learned counsel for the appellant relied upon the decision of this Court in Smt. Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav and another, {(1988) 2 S.C.R. 809} and submitted that even in a summary proceeding under Section 125 Cr.P.C., the Court is required to find out whether applicant wife was lawfully wedded wife or not. In the said case, the Court considered the point whether a Hindu Woman who has married after coming into force of the Hindu Marriage Act, 1955, with a man having a lawfully wedded wife, can maintain an application for maintenance under Section 125 Cr.P.C. In that case, the Court confirmed the judgment of the High Court and arrived at the conclusion that the Legislature decided to bestow the benefit of Section 125 Cr.P.C. even on an illegitimate child by expressed words but none are found to apply to a de facto wife where the marriage is void ab initio. The marriage was null and void because Section 5 inter alia provides that a marriage may be solemnised between any two Hindus if the conditions mentioned therein are fulfilled. One of the conditions is - neither party has a spouse living at the time of marriage. Under Section 11, such marriage is null and void. The Court held that marriage of a woman in accordance with Hindu rites with the man having a living spouse is complete nullity in the eye of law and she is not entitled to the benefit of Section 125 of the Code. In our view the said judgment has no bearing on the facts of the present case as it is not a case of de facto marriage nor can it be held that the marriage between the appellant and respondent no.1 was void ab initio. It is a case where it is contended that at the time of marriage essential ceremonies were not performed. Hence in the present case, we are not required to discuss the issue that unless declaratory decree of nullity of marriage on the ground of contravention of any one of the conditions specified in clauses (i), (iv) and (v) of Section 5 is obtained, it cannot be held in collateral proceedings that marriage was null and void. Nor it is required to be discussed that Legislature has not provided that if, some marriage ceremonies are not performed, marriage is a nullity under Section 11 or is voidable under Section 12 of the Hindu Marriage Act.

It is to be remembered that the order passed in an application under Section 125 Cr.P.C. does not finally determine the rights and obligations of the parties and the said section is enacted with a view to provide summary remedy for providing maintenance to a wife, children and parents. For the purpose of getting his rights determined, the appellant has also filed a Civil Suit, which is pending before the trial court. In such a situation, this Court in S. Sethurathinam Pillai v. Barbara alias Dolly Sethurthinam, {1971 (3) SCC 923} observed that maintenance under Section 488 Cr.P.C., 1898 (Similar to Section 125 Cr.P.C.) cannot be denied where there was some evidence on which conclusion for grant of maintenance could be reached. It was held that order passed under Section 488 is a summary order which does not finally determine the rights and obligations of the parties; the decision of the criminal court that there was a valid marriage between the parties will not operate as decisive in any civil proceeding between the parties.

After not disputing the paternity of the child and after accepting the fact that marriage ceremony was performed, though not legally perfect as contended, it would hardly lie in the mouth of the appellant to contend in proceeding under Section 125 Cr.P.C. that there was no valid marriage as essential rites were not performed at the time of said marriage. The provision under Section 125 is not to be utilized for defeating the rights conferred by the Legislature to the destitute women, children or parents who are victims of social environment. In Ramesh Chander Kaushal v. Mrs. Veena Kaushal and others, (AIR 1978 SC 1807) Krishna Iyer, J dealing with interpretation of Section 125 Cr.P.C. observed (at Para 9) thus:-

In a proceeding for maintenance under Section 125 Cr.P.C. the learned Magistrate was expected to pass appropriate orders after being prima facie satisfied about the marital status of parties. It is obvious that the said decision will be tentative decision subject to final order in any civil proceedings, if the parties are so advised to adopt.
Hence, in our view from the evidence which is led if the Magistrate is prima facie satisfied with regard to the performance of marriage in proceedings under Section 125 Cr.P.C. which are of summary nature, strict proof of performance of essential rites is not required. Either of the parties aggrieved by the order of maintenance under Section 125, Cr.P.C. can approach the civil court for declaration of status as the order passed under Section 125 does not finally determine the rights and obligations of the parties.