A spouse whose marriage has been declared null and void is still entitled to claim maintenance under Section 25 of the Hindu Marriage Act.

1. The present revision petition has been filed by Devinder Singh petitioner directed against the order passed by the learned Addl. District Judge, Sangrur, dated 21-11-1997. By virtue of the impugned order, learned Addl. District Judge awarded Rs. 1500/- per month as maintenance and Rs. 3000/- as litigation expenses to the respondent.

2. The relevant facts are that respondent Jaspal Kaur had filed an application under Sec. 24 of the Hindu Marriage Act along with Sec. 25 of the said Act. She had contended that she has no movable or immovable property or any other source of income to keep her soul and body together. The petitioner was stated to be running an electrician shop and earning Rs. 10,000/- per month. He is an able bodied person and the respondent claimed Rs. 5000/- per month as maintenance allowance and Rs., 8000/- as litigation expenses.

3. Notices of the petitioner had been issued to the petitioner. He opposed the application contending that there is no relationship of husband and wife between the parties. An objection was taken that the marriage took place on 30-7-1989. It was in contravention of the mandatory provisions of Sec. 5 of the Hindu Marriage Act. The marriage was declared null and void by a decree of nullity passed by the learned Additional District Judge, Patiala. The said judgment and decree has been confirmed by this Court on 25-9-1996. Furthermore, it was pointed out that the respondent had sufficient means. It was denied that the petitioner is earning Rs. 10,000/- per month.

4. Learned Addl. District Judge held that irrespective of the fact that marriage was declared to be null and void, the respondent is entitled to file an application under Sec. 25 of the Hindu Marriage Act. Accordingly, the impugned order was passed. Aggrieved by the same, present revision petition has been filed.

5. The main argument advanced by the learned counsel for the petitioner is that the marriage between the parties was declared to be a nullity and consequently the respondent is not entitled to invoke Sec. 25 of the Hindu Marriage Act.

6. The answer to the said question is provided by Sec. 25(1) of the Hindu Marriage Act, 1955 , which reads as under :-

"25. Permanent alimony and maintenance :-

(1) Any Court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application to it for the purpose by either the wife of the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant, as, having regard to the respondents own income and other property, if any, the income and other property of the applicant [the conduct of parties and other circumstances of the case], it may seem to the Court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent."

7. A perusal of the above said provision clearly shows that Sec. 25(1) of the Hindu Marriage Act comes into play the moment there is a decree. At any time the application can be filed even after the said decree. It is not confined to any decree for divorce. The expression "any decree" would include when the marriage has been declared to be a nullity. Earlier there was some controversy between different High Courts on this question. But it is no more subsisting.

8. A Division Bench of Bombay High Court in the case of Shantaram Tukaram Patil V/s. Dagubai Tukaram Patil, (1987) 2 Hindu LR 343 : (AIR 1987 Bom 182) held as under :-

"In regard to a woman whose marriage is void or declared void under the provisions of the Hindu Marriage Act :

1. Sec. 25 of the Hindu Marriage Act confers upon a woman, whose marriage is void or is declared to be void, a right to maintenance against her husband;

2.The right of maintenance can be enforced by her not only in proceedings under Sec. 25 of Hindu Marriage Act bu