1. This criminal revision case arising under section 125, Criminal Procedure Code, is at the instance of the husband. The wife filed a petition for maintenance. Ex parte order was passed by the Court below for maintenance as the husband was absent. The marriage between the parties was performed on 7.2.1977. The petition for maintenance was filed on 8.7.1982. The maintenance order was passed on 18.8.1983. Before the maintenance order was passed, a petition being O.P.No.17 of 1978 was filed by the wife for a decree for nullity of marriage on the ground of impotency of the husband. A decree for annulment was passed under section 12 of the Hindu Marriage Act on 30.10.1982.

2. The learned Counsel for the petitioner contends that, on the date when the application for the grant of maintenance was taken up and the order was passed on 18.8.1983, the marriage was held to be annulled and as such the claim for maintenance does not survive. The learned Counsel for the respondent contends that, by virtue of annulment of marriage under section 12 of the Hindu Marriage Act, the marriage cannot be considered as void and voidable only and therefore, the petition for maintenance is sustainable in