Multiple Orders
The order passed by the learned Magistrate regarding maintenance under Section 125 of the Criminal Procedure Code shall be kept in abeyance as long as the wife receives alimony pendente lite under Section 24 of the Hindu Marriage Act. The order under Section 125 of the Criminal Procedure Code will become operative once the order under Section 24 ceases to exist.

Necessity of Proof of Marriage
A proceeding under Section 125 of the Code is of a summary nature, and it does not require the intricacies of law to be fully examined. Where a man and woman have lived together as husband and wife, are treated as such by the community, and the man regards the woman as his wife, a marriage between them can be inferred for the limited purpose of Section 125 of the Code.

Conclusive evidence of marriage is not required under Section 125, Cr.P.C., to award maintenance to a destitute wife from her husband. Section 125, Cr.P.C., is "a measure of social justice specifically enacted to protect women and children."

Section 25 of the Hindu Marriage Act, 1955, empowers the Court exercising jurisdiction under the Act to make provisions for permanent alimony and maintenance either at the time of the decree or at any time afterward. Therefore, this Section grants the Civil Court authority to provide permanent alimony upon the decree of divorce.

However, in this case, the husband's petition for divorce was dismissed, and the marriage is still considered subsisting. It was held that, until the High Court reverses the decision of the Subordinate Judge, the marriage between the petitioner and the respondent continues to subsist. Consequently, it was determined that the criminal Court does have jurisdiction to entertain the petition filed under Section 125 Cr.P.C.

References:

• Anupama Pradhan vs. Sultan Pradhan, II (1991) DMC 618 (Orissa), relying upon Saudamini Devi vs. Bhagirathi Raj, 53 (1982) CLT 93: 1 (1982) DMC 333