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1994 Supreme(AP) 130
Andhra Pradesh High Court
Judges : I.P.RAO
Lydia Renuka - Appellant
Versus
K.Soloman Raju - Respondent
Decided On : 03-03-94
Section 37 of the Indian Divorce Act limits the power to order permanent alimony only in cases of a decree absolute declaring the marriage to be dissolved or any decree of judicial separation obtained by the wife.
Headnote:
Alimony - Nullity of Marriage - The court dismissed the application for alimony as the marriage was declared null and void, and the legal provision under Section 37 of the Indian Divorce Act only applies to cases where a decree absolute is passed or on any decree of judicial separation obtained by the wife.
Fact of the Case:
The applicant filed an application seeking a direction for the respondent to pay alimony. The marriage was declared null and void in the prayer of the case, leading to the non-existence of the marital relationship.
Finding of the Court:
The court dismissed the application for alimony as the marriage was declared null and void, and the legal provision under Section 37 of the Indian Divorce Act only applies to cases where a decree absolute is passed or on any decree of judicial separation obtained by the wife.
Issues: The issue revolved around the eligibility for alimony in a case where the marriage was declared null and void.
Ratio Decidendi: The court's decision was influenced by the interpretation of Section 37 of the Indian Divorce Act, which limits the power to order permanent alimony only in cases of a decree absolute declaring the marriage to be dissolved or any decree of judicial separation obtained by the wife.
Final Decision: The application for alimony was dismissed by the court, citing that the marriage being declared null and void does not give rise to the question of directing the respondent to pay alimony.
( 1 ) THIS application is filed under Section 37 of the Indian Divorce Act, 1869 seeking a direction to the respondent to pay the applicant a sum of Rs. 2,000/-per month towards alimony. Section 37 applies only to cases where a decree absolute is passed declaring the marriage to be dissolved or on any decree of judicial separation obtained by the wife. The prayer in O. P. No. 3 of 1992 is for declaring the marriage null and void. That prayer having been allowed, the legal effect is that the marriage does not exist. The marriage said to have taken place between the applicant and the respondent being a nullity and non-est, the marital relationship between the applicant and the respondent as wife and husband does not exist at any time and as such, the question of directing the respondent to pay alimony does not arise.
( 2 ) THAT is obiously the reason why the legislature, under Section 37 of the Indian Divorce Act, has limited the power to order permanent alimony only in cases of a decree absolute declaring the marriage to be dissolved or any decree of judicial separation obtained by the wife. The same relief is not sanctioned by the legislature in respect of a decree declaring the marriage as null and void, Hence this application is dismissed. No costs.
