There have been many cases, where after marrying, husband destroys all photographs and all proofs of marriage. Then he turns out wife and children from the house.
Where will she go if she has no parents? No relatives.
Probably, some lawyer or some legal aid lawyer will be given to her.
An application under Sec.125 Cr.P.C will be moved in court. The Court will issue summons to Alleged Husband.
Judge will hear both parties. As per this law of maintenance, Judge is not required to find out whether marriage was valid or not and whether there are enough proof of marriage.
He has to tentatively see whether the woman and man were living like husband and wife?
An affirmative answer is enough for him to award maintenance against the Alleged Husband.
If husband wants declaration that there were no valid marriage, he will have to get such order from Civil Court.
Thereafter, order of Magistrate may be cancelled.
But so far as proceedings under Sec.125 is concerned, no need of strict proof of marriage.
I remember a case happened many years ago. A man gave a wedding ring to woman and took her to Mount Abu for honeymoon. They stayed for one night and one day. Then man said good bye to woman and walked away.
The Magistrate believed that man and woman lived as husband and wife in hotel at Abu.
The man was ordered to pay maintenance to wife till she remarries.
These are the powers of Magistrate under Sec.125.
There are also cases where Magistrate has refused case of wife.
But all these orders are summary and temporary till wife remarries or till husband goes to civil court and gets some order regarding alleged marriage.
Moral : These criminal laws are for protection of woman and children, legitimate or illegitimate. It is open to Man to get some civil court order declaring their status.
If Civil Court says, there is no valid marriage, then Criminal Courts will not insist on their orders.
Haresh Raichura
