SHEEJAKUMARI R.C. Vs. PRAVEEN S.R.

JUDGEMENT

(1.) This original petition is filed under Article 226 of the Constitution of India to quash Ext.P4 order in I.A.No.3035/2013 in O.P.No.1896/2012 of Family Court, Thiruvananthapuram on the ground that it was passed without properly appreciating the law illustrated under Section 24 of the Hindu Marriage Act, 1955. The petitioner is the wife of one Praveen, who filed O.P.No.1896/2010 in the Family Court, Thiruvananthapuram for getting maintenance from her husband. She also filed another application for getting interim maintenance from him, which was dismissed by the learned Judge, on the ground that non-consummation of the marriage is a sufficient ground for nullity of marriage and the question of alimony cannot be considered at this stage.

(2.) The marriage between the petitioner and the respondent was solemnized on 16.5.2010 and they resided together as husband and wife till 19.5.2011. Subsequently, the respondent deserted the petitioner and living separately. In the circumstances, the petitioner approached the Family Court with the above O.P. The husband in the trial Court contended that the marriage was not consummated since the petitioner disclosed that she had an affair with another person and deserted him. Now he is working in SP Fort Hospital, Thiruvananthapuram as a Driver and living with limited source of income, therefore, she is not entitled to get maintenance.

(3.) The learned Judge of the Family Court considering the rival contentions put forward by both counsel, observed that non-consummation of the marriage is sufficient ground for nullity of marriage, hence the question of alimony cannot be considered at this stage and dismissed the application accordingly.