Sonika Devi v. Hiralal Maraiya

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1034 of 2012 Arising Out of PS.Case No. -0 Year- null Thana -null District- PURNIA =========================================================== Sonika Devi, wife of Hiralal Maraiya, daughter of Dhirendra Lal Das, resident of village- Dandama, P.S.- Kasba, District- Purnea .... .... Petitioner/s

Versus

1. The State of Bihar,

2. Hiralal Maraiya, son of Chanlal Maraiya, resident of village- Dandama, P.S.- Kasba, District- Purnea .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate For the Respondent/s : Mr. Ram Prawesh Kumar, Advocate APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 12-02-2015 The Petitioner seeks quashing of the order dated 03.07.2012 passed by the Principal Judge, Family Court, Purnea, by which he has refused maintenance to the Petitioner in Maintenance Case No.203 of 2007 holding that the Opposite Party No.2 was still a minor at the time of marriage and, therefore, it was not a valid marriage.

Provision of Hindu Marriage Act is very clear that such type of marriage is voidable but not void. Till such time the marriage is dissolved, it will be deemed as subsisting and, therefore, the Opposite Party No.2 cannot refuse to maintain his wife as per law and customs.

In view of such, the matter is remanded to the Court

Patna High Court CR. REV. No.1034 of 2012 dt.12-02-2015 2/2 below for fresh adjudication within four weeks from the date of receipt/production of a copy of this order without granting unnecessary adjournment to any part.

Counsel for the Opposite Party No.2 submits that he will present himself on any date fixed by the Family Court. The application stands disposed off.

(Anjana Prakash, J) JA/- U T