SUBRAMONIAN Vs. SREELATHA

JUDGEMENT

(1.) Petitioner herein is the husband of the respondent. He filed O.P. 124/ 1984 before the District Court, Trichur under S.12 of the Hindu Marriage Act. 1955 (for short 'the Act') seeking decree of nullity of the marriage on the ground that the wife was and is insane and by fraud this information was suppressed from him before and at the time of the marriage which took place on 29-4-1984. O.P. was filed on 12-7-1984. Petition is still pending. While so, wife filed I.A. 66/1985 under S.24 of the Act seeking direction to the husband to pay her maintenance pendente lite at the rate of Rs. 400/- per month and as litigation expenses Rs. 1,000/-. This application was opposed by the husband. Matrimonial court awarded maintenance pendente lite at the rate of Rs. 150/- per month and as litigation expenses Rs. 500/-. This order is now challenged.

(2.) On the factual position there could be no serious dispute. Admittedly, there was a marriage ceremony between the parties. Wife filed an affidavit stating that she has no means or property for her livelihood and has no means for meeting the expenses of the litigation while her husband is a skilled worker earning over Rs. 60/- per day. Husband filed counter statement denying these averments and contending that he is getting only Rs. 15/-per day as wages. There was no contention that the wife has means of her own. Before the court below he did not contend that he had any other commitments. It was in these circumstances that the court directed him to pay maintenance pendente lite and litigation expenses at the rates already referred to. On facts I do not find any ground to interfere with the order.

(3.) Main contention urged by learned counsel for the petitioner is that S.24 of the Act cannot be made applicable to parties to a void or voidable marriage.