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1992 Supreme(Raj) 326

N.L.TIBREWAL
MADAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
J.P.GOYAL, K.N.SHARMA, N.A.Naqvi

Judgement Key Points

Certainly. Here are the key points derived from the provided legal document:

  • The case concerns whether a wife is entitled to maintenance under section 125 of the Criminal Procedure Code (Cr. P.C.) when her marriage is voidable and has been annulled by a decree of nullity under the Hindu Marriage Act (!) (!) .

  • The facts involve a marriage where both parties were minors. The wife sought maintenance under section 125 Cr. P.C., which was granted before the marriage was annulled by a civil court decree of nullity (!) (!) .

  • The civil court declared the marriage null and void under the Hindu Marriage Act, which affects the wife’s status and her entitlement to maintenance under section 125 Cr. P.C. once the marriage is declared void (!) (!) .

  • Section 125 Cr. P.C. defines a wife to include a woman who has been divorced and has not remarried. However, once a marriage is annulled by a decree of nullity, the woman no longer remains a wife for the purposes of section 125 (!) (!) .

  • The law provides that the Magistrate must cancel or vary maintenance orders in accordance with the decision of a competent civil court, especially when the marriage is declared null and void. The order of maintenance is generally effective prospectively from the date of the civil court’s decision (!) (!) (!) .

  • In this case, the civil court’s decree of nullity rendered the marriage void ab initio, and the wife’s entitlement to maintenance under section 125 Cr. P.C. ceased from the date of that decree. The Magistrate’s earlier order of maintenance was therefore to be canceled from that date (!) (!) (!) .

  • The distinction between void and voidable marriages is significant: a void marriage is considered non-existent from the outset, whereas a voidable marriage remains effective until annulled. Once annulled, the marriage is treated as never having existed (!) (!) .

  • The argument that a woman in a voidable marriage should continue to be entitled to maintenance even after annulment was rejected. The legal effect of annulment is that she no longer retains the status of a wife (!) (!) .

  • The court clarified that the benefit of maintenance under section 125 Cr. P.C. is contingent upon the continued marriage status. Once the marriage is declared null and void, the entitlement to maintenance ceases from the date of the civil court’s decree (!) (!) .

  • The order of cancellation of maintenance should normally be prospective, taking effect from the date the civil court’s decree of nullity is passed. In this case, the maintenance allowance was to be paid up to the date of the civil court’s order, and thereafter, the order was to be canceled (!) (!) .

  • The petition was partially allowed, with the order of the Magistrate modified to reflect that the wife was entitled to maintenance up to the date of the civil court’s decree, after which the order was canceled (!) (!) .

These points summarize the legal reasoning and the outcome based on the marriage’s annulment and its impact on the entitlement to maintenance under section 125 Cr. P.C.


Judgment


N. L. TIBREWAL, J.

( 1 ) AN important question of general importance has been raised in the present petition which has been filed u/s. 482 Cr. P. C. by the husband in a proceeding u/s. 125 Cr. P. C. The question which calls for consideration is whether a wife is entitled to get maintenance u/s. 125 Cr. P. C. even her marriage was voidable and annulled by a decree of nullity u/s. 12 of the Hindu Marriage Act?

( 2 ) IN order to appreciate the controversy involved in the present case, the necessary facts may be given. Non-petitioner Smt. Uganti was married to the petitioner when both of them were minors. Thereafter, she moved an application u/s. 125 Cr. P. C. for grant of maintenance which was allowed by the learned Munsif and Judicial Magistrate, Hindauncity on Feb. 8, 1990, and the husband was directed to pay her maintenance allowance at the rate of Rs. 400/- per month from the date of filing the application. For the arrears of the maintenance, three instalments were fixed by the Magistrate, but, it appears that the petitioner (husband) did not pay any amount towards the maintenance inspite of the order of the Magistrate.

( 3 ) DURING the pendency of the maintenance, proce










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