Bhaiyalal vs Phoolwati Bai

P.P. Naolekar, J.—This appeal is preferred by the appellant challenging order of the meintenance granted by the Trial Court u/s 25 of the Hindu Marriage Act, 1955, to the respondent. The respondent on a petition, presented u/s 11 of the Hindu Marriage Act, 1955, obtained a decree of declaration of marriage between the appellant and respondent as a nullity. After the decree of declaration of marriage null and void was passed an application was moved by the respondent for grant of maintenance u/s 25 of the Hindu Marriage Act, 1955, and the Trial Court granted maintenance of Rs. 250-/ per month.

Section 25 of the Hindu Marriage Act, 1955, permits grant of permanent alimony to either the wife or husband. Thus, to get the alimony for maintenance u/s 25 of the Hindu Marriage Act, 1955, it is necessary that the parties were husband and wife. When there is a declaration given u/s 11 of the Hindu Marriage Act, 1955, by the Court that the marriage between the parties was null and void it has effect of saying that there was no marriage at all. That being so, there was no relationship between the appellant and respondent as husband and wife at any time. Under the circumstances, Section 25 of the Hindu Marriage Act, 1955, has no application to the present case as pleaded by the respondent neither the Court had any jurisdiction to grant of maintenance exercising the powers u/s 25 of the Hindu Marriage Act, 1955.

For the reasons stated above the order of the Trial Court is set aside. The appeal is allowed. However, under that circumstances there shall be no order as to costs.