JAGDISH Vs. KIRAN

JUDGEMENT

(1.) APPELLANT-HUSBAND has filed this appeal Under Section 28 of the Hindu Marriage Act 1955 (for short 'the Act') against the judgment and decree dated 19. 4. 2002 passed by I ADJ, Ratlam in Hindu Marriage Case No. 35-A/1999.

(2.) BY the impugned judgment and decree, the Trial Court has declared the marriage between the appellant and the respondent as void Under Section 11 of the Act and has granted permanent alimony to the respondent @ Rs. 1,500/- per month and also awarded damages of Rs. 30,000/ -. The appellant in this appeal has only challenged the decree of permanent alimony and the decree for damages. He has not challenged the decree of nullity of marriage. The sole submission of the Counsel for the appellant is that when the marriage is declared null and void Under Section 11 of the Act, no relationship exits between the husband and wife, therefore, the Trial Court could not have granted damages and decree for permanent alimony and maintenance Under Section 25 of the Act.

(3.) AFTER hearing the Counsel for the parties, the sole question arises before me for consideration is whether the impugned judgment and decree passed by the Trial Court comes within the definition of a decree Under Section 25 of the Act or not. Section 11 of the Act provides as under :