RAJPAL SINGH @ RAJU Vs. KARAMJIT KAUR

JUDGEMENT

(1.) - The appellant and the respondent got married on 15.03.2011. The appellant filed a petition under Sec. 11 of the Hindu Marriage Act, 1955 (hereinafter referred to a the 'Act'), seeking a declaration of nullity of marriage on the ground that at the time of their marriage the appellant's first marriage was in subsistence. The Additional District Judge (FTC), Bathinda vide judgment and decree dated 03.01.2013 declared the marriage null and void. The respondent filed a petition under Sec. 25 of the Act for maintenance. The Additional District Judge, Bathinda has allowed maintenance @ Rs.3500.00, from the date of application.

(2.) Counsel for the appellant contends that Sec. 25 of the Act cannot be read to confer a right to seek maintenance if the marriage has been declared a nullity. The respondent herself claimed and obtained a declaration that the marriage is a nullity and therefore, cannot now turn around and by claiming the status of a wife maintain a claim for maintenance.

(3.) Counsel for the respondent however submits that Sec. 25 of the Act does not draw a distinction between a wife of a marriage that is a nullity or a marriage that is void or voidable or exclude the wife of a marriage that is a nullity. The purpose of Sec. 25 of the Act is to grant sustenance to a wife who is unable to maintain herself.