Supreme Court upholds Kerala HC order- Husband is liable to pay maintenance if the marriage ended due to his fault like hiding true facts from his wife that will be discussed in the case below.
Recently, the Supreme Court of India upheld the judgment delivered by Kerala High Court that held that if a marriage gets annulled and dissolved on account of any mischief or wrong committed by the husband, in such a scenario, the husband stands liable to pay maintenance to the wife under Section 125 of Cr.P.C despite declaration of annulment or nullity of marriage.
In the instant case, the husband tried to suppress his impotency from the wife and the wife applied to quash her marriage with her husband on the ground of impotence of the husband and the fact that he hid his impotency from her.
The term “wife” has been defined under section 125 of Cr.P.C that includes a woman who has been divorced by, or who has obtained a divorce from her husband and has not remarried.
The Kerala High Court’s order that directed to pay the husband the maintenance to the wife was challenged by the husband who contented that a wife whose marriage stands null and void will not come under the definition of “wife” under Section 125 of Cr.P.C and he backed his say with giving a reference of a judgment named, Savitaben Somabhai Bhaitya v. State of Gujrat.
The contention given by the husband was completely rejected by the High Court mentioning Badshah v. Sou. Urmila Badshah Godse case held that, where the marriage got annulled due to some mischief or wrong committed by the husband, the husband in such a case stand liable to pay maintenance.
The Supreme Court bench comprising of Justice R. Bhanumati and Justice AS Bopanna, while dismissing a Special Leave Petition against the judgment delivered by the Kerala High Court did not deem fit to interfere with the HC’s order and hence backed the High Court’s judgment of holding the husband liable to pay maintenance.