MADAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) An important question of general importance has been raised in the present petition which has been filed u/s. 482 Cr. P.C. by the husband in a proceeding u/s. 125 Cr. P.C. The question which calls for consideration is whether a wife is entitled to get maintenance u/s. 125 Cr. P.C. even her marriage was voidable and annulled by a decree of nullity u/s. 12 of the Hindu Marriage Act?

(2.) In order to appreciate the controversy involved in the present case, the necessary facts may be given. Non-petitioner Smt. Uganti was married to the petitioner when both of them were minors. Thereafter, she moved an application u/s. 125 Cr. P.C. for grant of maintenance which was allowed by the learned Munsif and Judicial Magistrate, Hindauncity on Feb. 8, 1990, and the husband was directed to pay her maintenance allowance at the rate of Rs. 400/- per month from the date of filing the application. For the arrears of the maintenance, three instalments were fixed by the Magistrate, but, it appears that the petitioner (husband) did not pay any amount towards the maintenance inspite of the order of the Magistrate.

(3.) During the pendency of the maintenance, proceedings, the husband petitioner filed a petition u/s. 12 of the Hindu Marriage Act to annual the marriage by a decree of nullity, and this petition was allowed, though by an ex-parte order, by the court of AddI. District Judge, Kerauli dated 16.2.1990.