SOUMYANARAYANAN Vs. JAYALAKSHMI AMMAL

JUDGEMENT

(1.) THE husband against whom an order for maintenance has been passed on a petition presented by the wife, who succeeded in her petition for annulment of the marriage, is the appellant. The marriage was annulled by a decree on a petition filed by the wife on the ground that the husband was impotent from the date of the marriage. Subsequent to the annulment of the marriage, the wife filed a petition for maintenance under Section 25 of the Hindu Marriage Act. The maintenance was ordered.

(2.) THE point that has been taken by the learned counsel appearing for the husband is that Section 25 of the Hindu Marriage Act is not applicable to a marriage which has been annulled by a decree of nullity and which thereby becomes void, for, according to the learned counsel, a void marriage never existed, at all. The learned counsel further contends that the jurisdiction of the Court under Section 25 of the Hindu Marriage Act is limited only to marriages which are voidable and not void ab initio. Section 25 (1) of the Hindu Marriage Act, provides : -