Nullity Of Marriage Doesn't Bar Wife From Claiming Maintenance: Madras High Court
While refusing to interfere with an order granting maintenance to the wife, the Madras High Court said that it was a settled position that even if a marriage was declared null by a competent court, it would not bar the wife from claiming maintenance. “Now even more or less well settled to the effect that nullity of marriage even if it is declared by a competent civil court is not a...
While refusing to interfere with an order granting maintenance to the wife, the Madras High Court said that it was a settled position that even if a marriage was declared null by a competent court, it would not bar the wife from claiming maintenance.
“Now even more or less well settled to the effect that nullity of marriage even if it is declared by a competent civil court is not a bar for the wife to claim maintenance, here it is not a case of declaration. But it is a case of maintenance filed under section 125 of Cr.P.C,” the court said.
Justice G Ilangovan was hearing a plea by a husband to recall an earlier order of the High Court fixing maintenance of Rs5000/- to his wife. The court observed that if the husband had any grievance over the order, he should have taken recourse through proper proceedings. The court, thus denied to interfere with the order stating that the petition filed without following the procedure was not maintainable.
Challenging the earlier order of the court, the husband argued that the marriage itself was void as both him and the wife belonged to different religions and the marriage was conducted in a temple by tying the thali. It was argued that marrying a non-Hindu by knotting Thali is not a valid marriage and persons belonging to the different religions could perform marriage only as per the provisions of the Special Marriage Act.
The court, however, observed that the husband should have raised these points either before the trial court or at the time of the revision petition, in which the maintenance was ordered. The court made it clear that these grounds could not be taken into account in a petition for recalling the order of maintenance.
The husband had also challenged the order stating that the revisional court could not re-appreciate the evidence. The court, however, made it clear that the court had not conducted re-appreciation of evidence, but had only ordered maintenance considering the long co-habitation of the parties.
Though the husband also challenged the order stating that the wife had sought maintenance after much delay, the court was not ready to accept this contention and said that delay, by itself, was not a reason for disqualifying maintenance.
“The delay itself cannot be a reason for disqualifying the wife to claim maintenance. Circumstances may change as the age advance. At the advance stage of the age, the respondent filed a petition seeking maintenance. That was considered by this court and maintenance was ordered. If the petitioner got any grievance over that order, he ought to have taken the matter by way of proper proceedings,” the court said.
Thus, the court dismissed the recall petition finding that it was not maintainable.
Counsel for the Petitioner: Mr.N.Jayavel for Mr.S.Jayakumar
Counsel for the Respondents: Mr.G.Karuppasamy Pandian
Citation: 2024 LiveLaw (Mad) 320
Case Title: Sathiyamurthy v Arputha Mary
Case No: Crl.MP(MD)No.12577 of 2023