MAJ PANKAJ RAI Vs. KRISHNA VENI RAI

JUDGEMENT

(1.) Aggrieved by the Order, dated 21.09.2019, passed in O.P.No.475/2015 by the Judge, Additional Family Court, Hyderabad, whereby the learned Family Court had dismissed the petition filed under Section 151 of the Code of Civil Procedure by the appellant herein seeking extension of time for paying the maintenance amount, allowed I.A.No.300 of 2019 filed by the respondent herein, and dismissed the main O.P. on the ground that the appellant herein has not complied with the order passed in I.A.No.1192 of 2017, dated 19.12.2018, and which was confirmed by the High Court in C.R.P.No.242 of 2019, the present Appeal is filed.

(2.) The brief facts of the case are that the appellant herein had filed O.P.No.475 of 2015 seeking annulment of marriage under Section 12 of the Hindu Marriage Act, 1955 (for short "the Act"), against the respondent herein. It is the case of the appellant that though the marriage between the parties was solemnized on 13.12.2014, in accordance with the Hindu Temple rites, the same could not be registered with the Registrar of Marriages, Hyderabad, as the respondent, who was a divorcee, could not produce the divorce decree, which she has stated to have obtained from a competent Court. Subsequently, the appellant discovered that in fact the respondent had not filed for the divorce. Instead, it was her first husband who had filed for divorce before the Family Court, Hyderabad. The O.P. filed by the first husband was numbered as O.P.No.847 of 2000, and decree of divorce was granted on 28.06.2005. Aggrieved by the said order, the respondent had filed a Family Court Appeal before the High Court and the same was pending. It is the further case of the appellant that during the pendency of O.P. No.475 of 2015 filed by the appellant herein for divorce, the respondent herein had filed I.A.No.1192 of 2017 seeking an interim maintenance under Section 24 of the Act; the Family Court has awarded an interim maintenance of Rs.20,000/- per month from the date of petition, besides awarding Rs.20,000/- towards legal expenses, and also directed the appellant herein to pay the arrears in three equal monthly installments commencing from January, 2019, and also to pay the monthly interim maintenance on or before 10th of every succeeding calendar month. Aggrieved by the orders of the Family Court in granting interim maintenance, the appellant had preferred a Civil Revision before this Court and the same was numbered as C.R.P.No.242 of 2019. Vide order, dated 19.03.2019, this Court had dismissed the said C.R.P. holding that the interim maintenance granted by the lower Court was not exorbitant in view of the status of the parties. Thereafter, the respondent herein had filed I.A.No.300 of 2019 seeking dismissal of the main O.P.No.475 of 2015 on the ground that the appellant herein has not paid the interim maintenance and legal expenses contrary to the orders of the Family Court and High Court. The Judge, I Additional Family Court, Hyderabad, vide order, dated 14.09.2019, granted time to the appellant herein till 21.09.2019, to comply with the order passed in I.A.No.1192 of 2017, dated 19.12.2018, granting interim maintenance. Subsequently, the appellant had filed an Interlocutory Application seeking extension of time by four weeks for complying with the order passed in I.A.No.300 of 2019, dated 14.09.2019, ostensibly on the ground that he wanted to prefer a Civil Revision Petition against the order, dated 14.09.2019. Vide order, dated 21.09.2019, the Family Court has dismissed the application filed by the appellant herein seeking extension of time for payment of the interim maintenance and legal expenses; the learned Family Court allowed I.A.No.300 of 2019 filed by the respondent herein, and dismissed the main O.P. on the ground that the appellant herein has not complied with the order passed in I.A.No.1192 of 2017, dated 19.12.2018, and which was confirmed by the High Court in C.R.P.No.242 of 2019 vide order, dated 19.03.2019. Impugning the order passed in I.A.No.300 of 2019, dated 21.09.2019, the present appeal is filed.

(3.) The appellant has preferred the present Appeal mainly contending that he was not liable to pay any maintenance as the marriage between the parties itself is null and void. Secondly, this Court vide order, dated 09.04.2019, in Crl.R.C.No.2587 of 2017, has observed that "the material placed on record clearly establishes that there was marital relationship between the petitioner and her first husband and the marriage between them subsisted as on 13.12.2014. It establishes that the second marriage in between the petitioner and the 2nd respondent was performed during the subsistence of the first marriage of the petitioner. Therefore, it is a nullity. There is also material to substantiate that by suppressing the material facts with regard to the first marriage of the petitioner, the marriage in between the petitioner and respondent No.2 was performed. Even though there was a second marriage in between the parties to the litigation on 13.12.2014, it is not a marriage in the eye of law. It is only a nullity. Therefore, there is no marital relationship in between the parties to the dispute.". Thus, according to the appellant, in view of the finding recorded by the High Court in Crl.R.C.No.2587 of 2017, the order of maintenance and the dismissal of O.P. itself are bad. Hence, he is not liable to pay any maintenance. The appellant has relied on LILA GUPTA v. LAXMI NARAIN and ORS AIR 1978 SC 1351 , MR.ANURAG MITTAL v. MRS.SHAILY MISHRA MITTAL Civil Appeal No.18312 of 2017, Supreme Court of India , DEOKI PANJHIYARA v. SHASHI BHUSHAN NARAYAN AZAR and ANR Criminal Appeal Nos.2032-2033 of 2012, Supreme Court of India , INDRA SARMA v. V.K.V.SARMA Criminal Appeal No.2009 of 2013, Supreme Court of India , CHANDI PRASAD and ORS v. JAGDISH PRASAD and ORS Civil Appeal No.599 of 2003, Supreme Court of India , UNION OF INDIA AND ORS. v. WEST COAST PAPER MILLS LTD., and ANR Civil Appeal No.1061-62 of 1998, Supreme Court of India , and S.P.CHENGALVARAYA NAIDU v. JAGANNATH AIR 1994 S.C. 853 to buttress his case.