IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2284 of 2007 MUNNA MANDAL Versus KABUTARI DEVI ----------- 2 4/9/2008 Heard counsel for the petitioner. In the opinion of this Court the question as to whether wife is female or not, cannot be gone into under the limited scope of section 125 of the Code of Criminal Procedure. All that in the proceeding for maintenance under section 125 of the Cr.P.C. can be looked into is that as to whether there was a marriage and in that marriage the husband or the wife was neglected and finally the persons so neglected, if not himself or husband being sufficient to maintain herself, need to be maintained by themselves. Taking this to be only requirement under section 125 of the Cr.P.C. the plea that the opposite party was not female therefore marriage should be declared to be void, is not within the scope of section 125 of the Cr.P.C. That being so, this Court having taken notice of the facts mentioned in the impugned order as also finding the amount of Rs. 1,000/- per month by way of maintenance to be neither excessive nor illegal, would not interfere with the impugned order. In that view of the matter there is no merit in this application and the same is dismissed with a direction to the petitioner to pay the amount of maintenance within a period of one month from the dare of receipt of a copy of 2 this order. ( Mihir Kumar Jha, J. ) Abhay Kumar