PUSHP LATA Vs. PANKAJ GOYAL

JUDGEMENT

(1.) The petitioner-wife has been denied maintenance under Section 125 Cr.P.C., on the ground that as her marriage with respondent has been annulled under Section 12 of the Hindu Marriage Act, she would not be entitled to any relief under the said proceedings.

(2.) Counsel for the petitioner relies upon Division Bench judgment of Kerala High Court in Surendran Vs. Najima Bindu, 2012 3 RCR(Civ) 436 wherein it has been held that a wife whose marriage has been annulled under Section 12 of the Hindu Marriage Act, is entitled to maintenance from her husband under Section 125 Cr.P.C.

(3.) The operative part of the judgment reads as follows: