P.UBAID
T. K. Surendran – Appellant
Versus
P. Najima – Respondent
1. Whether a wife, whose marriage stands annulled under Section 12 of the Hindu Marriage Act, is entitled to claim maintenance under Section 125 of Cr.P.C, is the question of law involved in this revision, and the said question is raised by the husband, despite a Division Bench decision of this Court in his own case, that such a lady also will come within the definition of 'wife' under Explanation (b) to Section 125 of Cr.P.C. The dispute between the revision petitioner and his wife came up before this Court in another proceeding, and the decision resolving the legal issue was reported in [2012 (1) KLT 769]. The facts are not in dispute, and the reasonableness or adequacy of the amount of maintenance is also not in dispute. What is involved in this revision is only the question of law, as to whether the respondent herein can claim maintenance under Section 125 of Cr.P.C, as wife defined under the law.
2. The respondent herein filed M.C No.191 of 2003before the Family Court, Kannur, claiming maintenance from her husband under Section 125 of Cr.P.C. The revision petitioner resisted the claim on the contention that the wife has been residing separately without any reason or
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