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1988 Supreme(Ker) 468

V.SIVARAMAN NAIR, FATHIMA BEEVI
GOPALAKRISHNAN NAIR – Appellant
Versus
THEMBATTY RAMANI – Respondent


Judgment :-

1. The appellant and respondent were husband and wife. The husband filed O.P.No. 22 of 1981 under S.12 (1) (a) of the Hindu Marriage Act, claiming that the marriage was null and void since he was an epileptic and impotent. It was his case that the marriage was not consummated for those reasons. The application was allowed by judgment dated 18-10-1982, The respondent filed an application, I. A. No. 26 of 1983, before the lower court under S.25 of the Hindu Marriage Act, claiming maintenance at the rate of Rs. 300/- per mensem till she remarried. The appellant resisted the application. He contended that the application under S.25 of the Hindu Marriage Act was not maintainable in a case where the marriage itself was declared null and void. He also contended that the respondent, his former wife, was not entitled to any maintenance at all, since the effect of the decree of nullity of marriage was that there never existed any jural relationship between them and they were to be treated as if they were total and absolute strangers. Counsel placed reliance on a number of decisions, in support of the proposition, that maintenance can be granted only in cases where the court by de



























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