RATNAPRABHA Vs. SHADAKSHARAYYA

JUDGEMENT

(1.) These two appeals arise out of the order for maintenance dated 14 11 1978 passed by the Civil Judge, Gadag in M.C. (Misc.) Suit No. 15 of 1976 on his file awarding maintenance of Rs. 200 per month to the erstwhile wife who applied for maintenance under S. 25 of the Hindu Marriage Act, 1955,

(2.) The marriage between the petitioner Ratnaprabha and respondent Shadaksharaiah, took place on April 20, 1970 at the residence of the respondent husband at Gadag. The said marriage was annulled by a decree passed by this Court in MFA 387/73 dated 20-2-1976. That appeal arose from out of the order passed in MC No. 1/1972 on the file of the Civil Judge, Gadag. This Court passed a decree for nullity of the marriage on the ground of impotency of the husband. Thereafter the petitioner wife has been staying with her parents and she presented the petition before the learned Civil Judge, as the quondam husband failed to pay her any amount for maintenance. She claimed maintenance of Rs. 500 from the respoadent husband in the petition The respondent resisted the petition by filing his statement of objections. According to him, since the marriage was already nullified and there was no relationship between the parties he was not liable to pay any maintenance. In the alternative he contended that the elaim made in the petition was excessive. The learned Civil Judge raised the following points as arising for his consideration : (1) Whether the present petition is maintainable ? (2) Whether the petitioner is entitltd to maintenance ? If so, at what rate ? (3) Whether the opponent proves that the petitioner was leading an immoral life? (4) What reliefs are the parties entitled to ?

(3.) During hearing the petitioner examined herself and her mother as PWs. 1 and 2. As against that the respondent examined himself in support of his contention. The learned Civil Judge, appreciating the evidence on record, answered point No. 1 in the affirmative and under Point No. 2 he held that the lady was entitled to maintenance at Rs. 200 per month. He answered Point No 3 in the negative and thus passed a decree for maintenance to the wife at Rs. 200 per month. Aggrieved by the said order of maintenance the wife has instituted MFA 699/1979 and the husband- respondent in the petition has instituted MFA 871/1979.