BHASKARRAO Vs. SMT. P. TULSABAI

JUDGEMENT

(1.) In this second appeal, I have heard Shri A. A. Desai, the learned counsel for the appellant and Shri P. T. Trivedi the learned counsel respondent. According to the learned counsel for the appellant, Shri A A. Desai, the substantial question involved in this second appeal is whether when the marital tie between the parties had been declared null and void since its inception, the provisions of Sec. 25 of the Hindu Marriage Act, 1955 for granting permanent alimony come into play or not.

(2.) The marriage of the appellant P. Bhaskarrao with the respondent Tulsabai was solemnized on 5th June, 1958. This marriage was annulled by a judgment and decree passed on 8th April, 1964 in Hindu Marriage Petition No. 6 of 1964 on an application by Tulsabai, under section 12 of the Hindu Marriage Act, on the ground of impotency of Bhaskarrao via-a-vis her, a fact which was admitted by the appellant Bhaskarrao, marriage not having been consummated any time.

(3.) This decree for annulment of the marriage was passed on 8th April, 1964. Thereafter, Tulsabai applied for a permanent alimony and obtained an order in M.J.C. No. 13 of 1964 on 18-9-1964 for a permanent alimony of Rs. 50 per month. No challenge was made to the decree for annulment of marriage nor to the right of obtaining alimony on the basis of the annulment of marriage in M.G.C. No. 13 of 1964.