KAMLESH Vs. GEETA

JUDGEMENT

(1.) The appellant/husband has filed this first appeal under Section 28 of the Hindu Marriage Act, 1955, challenging the judgment and decree dated 20-2-2006 passed in Civil Suit No. 9-A/2005 by learned Additional District Judge, Beohari, District Shahdol (M.P.). The brief facts of the case are that appellant was married to the respondent/wife (Geeta Choudhrey) on 29-4-2004 at Village Masiyari, their marriage has not been consummated owing to the impotency of respondent (Geeta Choudhrey) as her genital parts in the body were absent. On filing petition under Section 12 of the Hindu Marriage Act, challenging the marriage on the ground of contravention of the conditions specified in clause (2) of Section 5, the learned Trial Court, allowed the suit and passed the decree of nullity and granted Rs. 500/- per month for maintenance of wife and the appellant has challenged the said order of the learned Trial Court granting awarding maintenance.

(2.) Learned Counsel for the appellant has submitted that the learned Trial Court is not justified in awarding maintenance amount to the respondent/wife when the marriage was declared null and void. The maintenance can be awarded to legally wedded wife. Where the marriage is void ab initio and the woman cannot get the status of wife nor the male gets the status of husband.

(3.) Learned Counsel for the appellant has drawn attention towards the judgment passed by Hon'ble Full Bench of Andhra Pradesh High Court in the matter of Abbayolla M. Subba Reddy Vs. Padamamma, 1999 AIR(AP) 19, in which considering the provision of Section 25 of the Hindu Marriage Act, it has been held that where the marriage admittedly is nullity, hence, Section 25 of the Hindu Marriage Act has no application. It is further held that the said relief of maintenance cannot be granted by invoking of Section 151 of C.P.C.