SUDHEESH BABU T P Vs. SHERLY P

JUDGEMENT

(1.) Are the provisions or Sec. 24 of the Hindu Marriage Act, 1955 applicable when the proceedings before the Family Court is under Sec. 12 of the Hindu Marriage Act for declaration of nullity of marriage This is the short question of law which is canvassed before us.

(2.) The vital facts first. The marriage between the petitioner and the respondent was solemnised on 13-5-05. The spouses lived together for some time; but, thereafter started separate residence. The petitioner filed O.P. No. 148/06 under Sec. 12 of the Hindu Marriage Act for a declaration, that his marriage with the respondent is null and void. During the pendency of that petition the respondent filed I.A. No. 628/06 under Sec. 24 of the Hindu Marriage Act claiming monthly maintenance at the rate of Rs. 5,000/ and litigation expenses of Rs. 10,000/.

(3.) The said application was resisted. The learned Judge of the Family Court by Ext.P3 order directed the petitioner to pay an amount of Rs. 2,000/- per mensem as interim maintenance and, to pay an amount of Rs. 3,500/ as litigation expenses. That order was not promptly challenged; but was sought to be reviewed filing LA. No. 956/07. The learned Judge by Ext. P4 order turned down the prayer for review of Ext.P3 order.