THE HON’BLE SRI JUSTICE K.S.APPA RAO Crl.P.No.6166 of 2008 O R D E R: The present criminal petition is filed by the petitioner/husband to quash the proceedings in M.C.No.2 of 2007 on the file of the Judicial First Class Magistrate, Pithapuram on the ground that his marriage with the respondent is a voidable marriage pursuant to the decree in O.P.No.63 of 2006 dated 3.6.2007 and therefore the respondent/wife is not entitled to claim any maintenance from the petitioner as their marriage was annulled by decree under Section 12 of the Hindu Marriage Act. Now, the point for consideration is whether there are any grounds to quash the proceedings in M.C.No.2 of 2007 on the file of the Judicial First Class Magistrate, Pithapuram. As seen from the averments in the petition, the marriage between the petitioner and the respondent was admitted. It is the contention of the petitioner’s counsel that the marriage was annulled as per the ex parte decree in O.P.No.63 of 2006. M.C.No.2 of 2007 was filed under Section 125 Cr.P.C. claiming maintenance on the ground that the respondent was deserted by her husband. It is stated in the grounds of petition that from the date of marriage, the respondent was not co- operating with him in marital life. The fact remains that the marriage between the petitioner and respondent was annulled by a decree of divorce, that too, it is an ex parte decree. Admittedly the petitioner and respondent are living separately. As stated above, the petition under Section 125 Cr.P.C. was filed by the wife claiming compensation of maintenance for her survival having married the petitioner. It is the bounden duty of the petitioner-husband to maintain the respondent- wife even though there is a divorce between them. The petitioner can raise all the pleas as defence before the lower Court at the time of adjudicating the M.C. In the said circumstances, I see no grounds to quash the proceedings pending in the lower Court. Accordingly, the Criminal Petition is dismissed. ____________________ K.S.Appa Rao, J 21st March, 2011. PNV