NARAYANAN NAMBOODIRI Vs. BHARGHAVI AMMA

JUDGEMENT

(1.) Petitioner seeks to revise the order of the Court of Session, Manjeri Division awarding maintenance to the 1st respondent. She moved the court of the magistrate for maintenance for herself and her minor son 2nd respondent, claiming themselves to be the wife and child of petitioner. Magistrate awarded maintenance to the child and declined maintenance to the wife. Magistrate found that a certain relationship existed between the petitioner and 1st respondent. According to him, it was only "Sambandam" and sambandam according to learned magistrate, "is only an illegitimate cohabitation not legally recognised". The magistrate has apparently misdirected and mis-informed himself on a question of law. 'Sambandam' is the pristine form of a legal marriage recognised among the marumakkathayies of the erstwhile Malabar. A passage from Malabar and Aliyasanthana Law by P. R. Sundara Aiyar is apposite in this context. It is said:

(2.) Learned Sessions Judge in para 7 of the order found that the evidence of PWs. 1 to 3 proved a valid marriage between the parties. He also noticed that 'Saptapadi' was performed in front of a lighted lamp and that the evidence established a valid marriage. It is relevant to note in this context that the magistrate also found that a certain relationship existed between the parties, though the legal incidents were different, according to him. It is not a case of the revisional court, coming to a different view on appreciation of evidence.

(3.) The view of the Sessions Judge is correct and he was justified in revising the order of the magistrate, on law. The magistrate visualised a legal marriage to be something far more than what it is required to be under S.125 Cr.P.C. Any form of valid customary marriage would be valid in law. In Sumitra Devi v. Bhikan Choudhary ( AIR 1985 SC 765 ), the Supreme Court , observed that: