Paresh Kumhar Alias Poresh Kumar vs Josna Devi on 14 November, 2017
Mr. Shekhar Prasad Sinha, learned counsel for the Opp. Party has
opposed the prayer made by learned counsel for the petitioner and has stated
that the opp. Party had denied that she was earlier married with late Birbal
Kumhar. Learned counsel, in support of his contention, has referred to the
case of Akhtar Ansari vs. State of Jharkhand & Ors. reported in [2011(2)
East Cr.C. 167 (Jhr)] and has stated that since the Opp. Party is a widow and
being such, she is entitled to maintenance from the petitioner, who had been
given appointment in BCCL on compassionate ground on the death of his
father namely, Sitaram Kumhar. Learned counsel further submits that strict
proof of marriage is not necessary in a proceeding under Section 125 Cr.P.C.
and since there was a tacit admission on the part of the petitioner with respect
to his father having solemnized marriage, learned court below has rightly
granted maintenance to the Opp. Party vide impugned order dated 21.07.2015.