LYDIA RENUKA Vs. K SOLOMAN RAJU

JUDGEMENT

(1.) THIS application is filed under Section 37 of the Indian Divorce Act, 1869 seeking a direction to the respondent to pay the applicant a sum of Rs.2,000/-per month towards alimony. Section 37 applies only to cases where a decree absolute is passed declaring the marriage to be dissolved or on any decree of judicial separation obtained by the wife. The prayer in O.P. No.3 of 1992 is for declaring the marriage null and void. That prayer having been allowed, the legal effect is that the marriage does not exist. The marriage said to have taken place between the applicant and the respondent being a nullity and non-est, the marital relationship between the applicant and the respondent as wife and husband does not exist at any time and as such, the question of directing the respondent to pay alimony does not arise.

(2.) THAT is obiously the reason why the legislature, under Section 37 of the Indian Divorce Act, has limited the power to order permanent alimony only in cases of a decree absolute declaring the marriage to be dissolved or any decree of judicial separation obtained by the wife. The same relief is not sanctioned by the legislature in respect of a decree declaring the marriage as null and void, Hence this application is dismissed. No costs.