((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.87 OF 2008 Jawanram Takaji Balotiya Applicant versus State of Maharashtra & anr. Respondents P.S.Jain for applicant. Miss S.V.Gajre, APP for State. CORAM : A.S.OKA, J. DATE : 07th May 2009 PC : 1. On oral prayer made by the advocate for the applicant, the revision application is restored by setting aside the order of dismissal passed today morning. 2. The petitioner-husband has taken an exception to the order passed by the Family Court by which he is directed to pay maintenance of Rs.2,000/- p.m. to the respondent-wife. The first submission of the counsel for the petitioner is that there was no evidence of the marriage between the applicant and the respondent. He submitted that even assuming that there was a marriage, the same ((-2-)) was solemnized during the subsistence of the first marriage of the respondent-wife and admittedly there is no documentary evidence on record to prove that the respondent had divorced the husband of first marriage. He has placed reliance on the decision of Apex Court in the case of Savitaben Somabhai Bhatiya Vs. STate of Gujarat and others (AIR-2005-SC-1089). 3. I have considered the submissions. The proceedings under section 125 of the said Code are of summary nature. The findings, if any, recorded in such proceedings on the status of the parties are always subject to the decision of competent Civil Court. In the present case, the learned Judge of the Family Court has accepted the case made out by the respondent that there was a customary divorce with her first husband. The learned Judge has noted that a particular class of the society has such a custom which has a force of law. As far as marriage is concerned, the learned Judge noted that there were photographs filed on record to show that there was a marriage ceremony between the petitioner and the respondent wife. The learned Judge held that even if the photographs do not show actual ceremony of Saptapadi, the ((-3-)) photographs were sufficient to prove that the marriage ceremony was held. Apart from that the learned Judge has relied upon the admission of the applicant-husband that he has been staying with the respondent-wife for seven long years. He also admitted that he was in love with the respondent and he intended to marry to the respondent. Considering all these aspects, the learned Judge has accepted the case made out by the respondent that she was a wedded wife of the applicant. As far as quantum is concerned, only a sum of Rs.2,000/- p.m. has been fixed by the learned Judge. 4. I find that no case is made out for interference. Application is rejected. Criminal Application No.93 of 2008 does not survive and the same stands dismissed as such. (A.S.OKA, J.)