Judicial Analysis Court Copy Headnote Facts Arguments Court observation

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SHORT NOTE
KERALA HIGH COURT
R. Basant & Mrs. M.C. Hari Rani, JJ.
Sudheesh Babu —Petitioner
versus
Sherly —Respondent
W.P. (C) No. 26482 of 2009
Decided on 22.10.2009

Counsel for the Parties:
For the Petitioner:K.V. Sohan & K. Sreeja Sohan, Advocates.
For the Respondent:Grashious Kuriakose, Advocate.

IMPORTANT POINT
Section 24 of the Hindu Marriage Act would be applicable even when proceedings under Section 12 of the Act are pending.

Headnote:(i) Hindu Marriage Act, 1955—Section 24—Marriage already solemnized sought to be avoided by declaration of nullity—That cannot militate against status of spouses as husband and wife until declaration of nullity is granted—Section 24 very much applicable even when proceedings under Section 12 are pending. (Para 9)
(ii) Hindu Marriage Act, 1955—Section 24—Maintenance and litigation expemses—Husband employed abroad —Monthly maintenance awarded at Rs. 2,000/- to the wife—Not excessive or unreasonable. (Para 10)
Result: Writ Petition dismissed.

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