Mukunda Ramaji Dunedar vs Smt. Sitabai W/O Mukunda Dunedar on 23 June, 2004
In support of these submissions, he relied upon the decision of this Court in Sheshrao's case 1994 Cri. L.J. 1558 cited supra. This authority has no bearing on the facts and circumstances of the present case. Though the husband claimed to have married with another lady Meerabai and that one son Nilkanth has been born from Meerabai to him, the evidence adduced on record does appear to be trustworthy so far as the marriage of Sitabai with the petitioner- husband is concerned and it is well settled law that while considering the petition for grant of maintenance under Section 125 of the Code, strict proof of the marriage is not required like for proving the offence of bigamy under Section 494 of the Indian Penal Code. In such a situation, it is obvious that the Courts below were perfectly justified in reaching the conclusion that the relationship of husband and wife has been established between the parties and this Court does not find any reason as to why the evidence adduced by the wife should be disbelieved. In the result, this Court is of the considered opinion that the petition is without merit and is liable to be dismissed. It is dismissed with costs, which are quantified to the tune of Rs. 500/- (rupees five hundred only).