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2012 Supreme(Ker) 127

R.BASANT, K.SURENDRA MOHAN
T. K. Surendran, Mannarkkad Taluk – Appellant
Versus
P. Najima Bindu, Kannur District – Respondent


Advocates appeared:
For the Petitioner:P.K. Mohanan (Palakkad), Advocate.
For the Respondents:Nuil Nair, Palakkat, K.N. Abhilash, R. Leela, Government Pleader, Dr. Sebastian Champappilly (Amicus Curiae), Advocates.

Judgment

BASANT, J.

1. (i) Is the wife in a voidable marriage, annulled under Sec.12 of the Hindu Marriage Act, entitled to claim maintenance under Sec.125 of the Code of Criminal Procedure?

(ii) Can the statuary compassion in favour of the woman in distress in a terminated marriage and the legislative anxiety and concern to prevent vagrancy against women persuade courts to being such a woman in an annulled marriage within the sweep of the definition of deemed wife in Explanation (b) to Sec.125 Cr.P.C.?

(iii) Can the changing norms in society evidenced by subsequent statutory instruments persuade the courts to expand entrenched concepts in society?

2. This these and these questions fall for our consideration in this case.

3. We must acknowledge the efforts of Sri. P.K. Mohanan (Palakkad) and Sri. Sunil Nair, the learned counsel for the parties and Dr. Sebastian Champappilly who was requested to assist us as amicus curiae. Resolution of this controversy has, by no means, been easy or simple. A lot of debate, contemplation and discussion had preceded. We do, in fact, offer an apology to the learned counsel that we were obliged to re-open the case and seek their further assistance














































































































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