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Bhaiyalal Vs. Phoolwati Bai - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtMadhya Pradesh High Court
Decided On
Case NumberFirst Appeal No. 22 of 1992
Judge
Reported inII(1993)DMC398
ActsHindu Marriage Act, 1955 - Sections 11 and 25
AppellantBhaiyalal
RespondentPhoolwati Bai
Appellant AdvocateRakesh Jain, Adv.
Respondent AdvocateA.G. Dhande, Adv.
DispositionAppeal allowed
Excerpt:
- indian penal code, 1890.section 306 :[dalveer bhandari & harjit singh bedi,jj] abetment of suicide deceased, a married woman, committed suicide - allegation of abetment of suicide against appellant husband and in-laws - ocular evidence was sketchy - dying declaration recorded by tahsildar completely exonerated all accused in-laws of any misconduct dispelling any suspicion as to their involvement - letter of threat allegedly written by appellant to father of victim was concocted piece of evidence held, though presumption against appellant can be raised, it cannot be said that onus shifts exclusively and heavily on him to prove his innocence. conviction of appellant is liable to be set aside. .....appellant challenging order of the meintenance granted by the trial court under section 25 of the hindu marriage act, 1955, to the respondent. the respondent on a petition, presented under section 11 of the hindu marriage act, 1955, obtained a decree of declaration of marriage between the appellant and respondent as a nullity. after the decree of declaration of marriage null and void was passed an application was moved by the respondent for grant of maintenance under section 25 of the hindu marriage act, 1955, and the trial court granted maintenance of rs. 250-/ per month.2. section 25 of the hindu marriage act, 1955, permits grant of permanent alimony to either the wife or husband. thus, to get the alimony for maintenance under section 25 of the hindu marriage act, 1955, it is.....
Judgment:

P.P. Naolekar, J.

1. This appeal is preferred by the appellant challenging order of the meintenance granted by the Trial Court under Section 25 of the Hindu Marriage Act, 1955, to the respondent. The respondent on a petition, presented under Section 11 of the Hindu Marriage Act, 1955, obtained a decree of declaration of marriage between the appellant and respondent as a nullity. After the decree of declaration of marriage null and void was passed an application was moved by the respondent for grant of maintenance under Section 25 of the Hindu Marriage Act, 1955, and the Trial Court granted maintenance of Rs. 250-/ per month.

2. Section 25 of the Hindu Marriage Act, 1955, permits grant of permanent alimony to either the wife or husband. Thus, to get the alimony for maintenance under Section 25 of the Hindu Marriage Act, 1955, it is necessary that the parties were husband and wife. When there is a declaration given under Section 11 of the Hindu Marriage Act, 1955, by the Court that the marriage between the parties was null and void it has effect of saying that there was no marriage at all. That being so, there was no relationship between the appellant and respondent as husband and wife at any time. Under the circumstances, Section 25 of the Hindu Marriage Act, 1955, has no application to the present case as pleaded by the respondent neither the Court had any jurisdiction to grant of maintenance exercising the powers under Section 25 of the Hindu Marriage Act, 1955.

3. For the reasons stated above the order of the Trial Court is set aside. The appeal is allowed. However, under that circumstances there shall be no order as to costs.


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