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In the proceedings under Section 125 of Criminal Procedure Code, the appellant denied pre-marital sexual relations with respondent no.1. He asserted that he was forced to undergo some sort of marriage with respondent no.1 at the point of knife; that he had not given consent to the marriage and that he was forced to exchange garlands with respondent no.1. The learned Magistrate believed the case of respondent no.1 in toto and arrived at the conclusion that there had been a marriage between the appellant and respondent no.1 in the temple of Lord Jagannath and the said marriage was valid and legal one. It was further held that child was born out of this wedlock. In the revision, the Addl. Sessions Judge did not accept the factum of marriage between the parties by holding that the appellant was forced to exchange garlands at the point of knife and, therefore, there was no valid marriage in the eyes of law. So, the claim of respondent no.1 for maintenance was negatived. He, however, accepted the plea of respondent no.1 that child was born because of pre-marital relations and confirmed the order granting maintenance to the child. The High Court observed that considering standard of proof in a proceeding under Section 125 Cr.P.C. it cannot be held that respondent no.1 had not succeeded in establishing marriage. The court relied upon the evidence led by respondent no.1 for holding that in fact a marriage was solemnized in the temple of Lord Jagannath and she was corroborated by the photographer who was present at the time of marriage. The evidence of the brother of respondent no.1 was also referred to for arriving at the said conclusion. The High Court negatived the contention of the appellant that the said ceremony was forcibly held at the point of knife and also held that there was no reason for disbelieving respondent no.1 that the appellant and respondent no.1 were having pre-marital sexual relations and that the child was born out of this relationship. That order is challenged by filing these appeals by special leave.

Learned counsel for the appellant at the time of hearing had not disputed the paternity of the child. Hence, the question is whether the marriage between the appellant and respondent no.1 was valid or invalid? In our view, validity of the marriage for the purpose of summary proceeding under Section 125 Cr.P.C. is to be determined on the basis of the evidence brought on record by the parties. The standard of proof of marriage in such proceeding is not as strict as is required in a trial of offence under section 494 of the I.P.C. If the claimant in proceedings under Section 125 of the Code succeeds in showing that she and the respondent have lived together as husband and wife, the Court can presume that they are legally wedded spouses, and in such a situation, the party who denies the marital status can rebut the presumption. Undisputedly, marriage procedure was followed in the temple, that too, in the presence of idol of Lord Jagannath, which is worshipped by both the parties. Appellant contended before the learned Magistrate that the said marriage was performed under duress and at the point of knife, he was required to exchange garlands. That contention is not proved by leading necessary evidence. Once it is admitted that the marriage procedure was followed then it is not necessary to further probe into whether the said procedure was complete as per the Hindu rites in the proceedings under Section 125 Cr.P.C.

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.

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.