1 SLP(Crl.) No. 1148/2021
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024 (Arising out of SLP(Crl.) No.1148/2021)
BABLU SONA APPELLANT(S)
VERSUS
PINKI KUMARI RESPONDENT(S)
ORDER
Leave granted.
Heard learned counsel for the appellant.
No one has appeared for the respondent
despite service of notice upon her.
The present appeal is directed against the
impugned order dated 25.10.2019 passed in Criminal
Revision No.341 of 2013 with Criminal Revision
No.1080 of 2016. The High Court by the aforesaid
impugned order has approved for the fixation of
maintenance under Section 125 of the Code of
Criminal Procedure, 1973 at the rate of Rs.4000/-
(Rupees four thousand) per month from the month of
June, 2016 and Rs. 2000/-(Rupees two thousand) per
month from the date of filing of the petition till
May, 2016.
In assailing the aforesaid order, the
2 SLP(Crl.) No. 1148/2021
submission of learned counsel for the appellant is
that no maintenance could have been granted to the
respondent inasmuch as the factum of marriage was
not proved.
It is an admitted case of the parties that
both the parties have eloped and have lived
together for about a week and as such, there could
not be any presumption of marriage so as to award
maintenance. In a case initiated under Section 498A
of the Indian Pena...