BIPASHA Vs. AMITAVA

JUDGEMENT

(1.) This is an application under Sec. 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act" in brevity) filed by the petitioner-wife.

(2.) The facts hovering in the backdrop may be recapitulated thus:-

(3.) Now descending to the point of law, it is found that the cited judgment in Sabitaben's case deals with the scope and ambit of Sec.125 of the Cr.P.C. and the Hon'ble Supreme Court held in the factual situation that the wife whose marriage is ab-initio null and void cannot claim maintenance under Section 125 Cr.P.C. The ratio decided therein is no way helpful to this proceeding under Section 24 of the Act. The judgment of Hon'ble Kerala High Court in T.K.Surendran's case also deals with the dispute under Section 125 of the Cr.P.C. Hon'ble Supreme Court in the decision of Smt Chand Dhawan Vrs. Jawaharlal Dhawan , 1993 3 SCC 406 has observed that:-