Thulasi Bai v. C.V. Manoharan : (1989) 3 Crimes 391 : (1989) 3 CCC 171 1990 (1) DMC 61 : 1990 (1) HLR 318 : 1989 LRC Online 4 (Ker)
Section 125 - Maintenance- Claim of maintenance negativated by Revisional Court in view of decree passed by lower Appellate Court annulling the marriage between parties - Petition to quash order- No ground to award maintenance to wife because decree passed by lower appellate Court annulling marriage between parties confirmed in second appeal-Petition dismissed.
The wife initiated proceedings under Section 125 of the Code of Criminal Procedure claiming maintenance from her husband. After trial the learned Magistrate directed the husband to pay maintenance at the rate of Rs. 150/- per mouth. Husband challenged that order before the Sessions Court in revision. During the pendency of that Revision Petition, the District Court passed a decree annulling the marriage which is the subject matter of the Second Appeal. That judgment was produced before the learned Sessions Judge. In view of the decree annulling the marriage, the Revision Petition was allowed and claim of maintenance was negatived. That order is under challenge by the wife in the Criminal M C. filed under Section 482 of the Code of Criminal Procedure. Actually, she ought to have preferred a Revision Petition against the order of the Sessions Court. Be that as it may, I do not find any ground to award maintenance to her because of the decision in Second Appeal confirming the decree passed by the lower Appellate Court annulling the marriage.