AIR 2010 KERALA 37 ::2010 A I H C (NOC) 501 (KER) ::(2010) 2 MarriLJ 228 ::2009 (2) HinduLR 594 ::2009 (4) Ker LT 542

Kerala High Court

Hon'ble Judge(s): R. Basant, M. C. Hari Rani , JJ

(A) Hindu Marriage Act (25 of 1955) , S.12, S.24— Declaration of nullity of marriage - Pendency of petition u/S.12 - Application for interim maintenance u/S.24 by wife - Is maintainable. It is very evident that Sec. 24 applies when any proceeding under the Act is pending and no exception can be carved out for proceedings under Sec. 12 of the Hindu Marriage Act. It is true that Sec. 24 employs the expressions "wife" and "husband". The mere fact that a marriage already solemnised is sought to be avoided by declaration of nullity under Sec. 12 cannot militate against the status of the spouses as husband and wife until such a declaration of nullity is granted. Solemnisation of marriage is admitted. The status of the husband and wife for the purpose of Sec. 24 has been achieved by the spouses by such solemnisation. The mere fact that the said relationship is sought to be annulled by initiation of the proceedings under Sec. 12 of the Hindu Marriage Act cannot justify a contention that the respondent herein is not a "wife" to whom alone Sec. 24 can apply. The objection raised on both grounds that Sec. 24 is not applicable to the proceedings under Sec. 12 and that the petitioner cannot be said to be a husband coming within the sweep of that expression in Sec. 24 of the Hindu Marriage Act, cannot be accepted.(Para 7 8 9) ....