Is Wife Entitled for Alimony if the Marriage is Considered Void – Point of view from a Divorce Lawyer in India

Is Wife Entitled for Alimony if the Marriage is Considered Void – Point of view from a Divorce Lawyer in India

In a recent development, Supreme Court bench directed the case be placed before the Chief Justice of India for forming a three-judge bench as there were conflicting judgments by two-judge bench with respect to Alimony.

Marriage, a sacred union bound by love, trust, and commitment, can sometimes take a turn that leaves both parties questioning the very foundation of their relationship. When a marriage is annulled, it is legally declared as never having existed. Unlike a divorce, which ends a valid marriage, annulment voids the marriage from the start, as if it was never there. But what happens to the rights and entitlements of the parties involved, particularly the wife? Is she still entitled to alimony in the case of an annulment?

Annulment is a legal process that declares a marriage null and void. This can happen for several reasons, such as fraud, coercion, incapacity, or failure to consummate the marriage. When a marriage is annulled, it is as if the marriage never legally happened. For many, this provides a sense of relief—a chance to start anew. However, for others, especially the wife, it can be a painful reminder of lost dreams and broken promises.

The emotional toll of annulment is often heavy. The wife may find herself questioning her self-worth, wondering why the relationship was not recognized as valid. The sense of rejection and the sudden void can lead to a profound emotional crisis. In such a scenario, the question of alimony is not just about financial support; it is about providing some form of stability and acknowledgment of the suffering endured.

Legally, alimony, also known as maintenance, is a financial support that one spouse may be required to pay to the other after separation or divorce. However, when it comes to annulment, the situation becomes more complex. Since annulment declares that the marriage never existed, the traditional grounds for alimony may not apply.

In many legal systems, the right to alimony depends on the validity of the marriage. Since annulment voids the marriage from its inception, the courts might argue that there is no legal basis for alimony.

However, this does not mean that the wife is left without any recourse. Let’s understand this with some precedents set by the courts that are both “For” and “Against” and await the final Landmark Judgement that shall very soon set clarity in this matter.

1. Yamunabai Anantrao Adhav Vs. Anantrao Shivram Adhav & Another (1988) 1 SCC 530: This case dealt with the question of whether a Hindu woman, married under a void marriage (i.e., a marriage that is not valid under Hindu law), could claim maintenance under Section 125 of the Code of Criminal Procedure, 1973. The Supreme Court held that since the marriage was void, the woman was not entitled to claim maintenance under Section 125. The court emphasized that only a legally valid wife can claim maintenance.

2. Abbayolla Reddy Vs. Padmamma AIR 1999 AP 19: This case, decided by the Andhra Pradesh High Court, addressed the issue of maintenance under Section 125 CrPC. The court held that even if the wife had received some property in a settlement or was earning a small amount, she was still entitled to maintenance if the amount was insufficient for her survival. The case reinforces that the husband’s obligation to maintain his wife continues unless she can fully support herself.

3. Navdeep Kaur Vs. Dilraj Singh (2003) 1 HLR 100: This case involved the grant of maintenance pendente lite (interim maintenance) under Section 24 of the Hindu Marriage Act, 1955. The Punjab and Haryana High Court ruled that maintenance should be granted to a wife if she does not have independent means of income to support herself, and this includes the provision of interim maintenance during the pendency of divorce proceedings.

4. Bhausaheb @ Sandhu S/o Raguji Magar Vs. Leelabai W/o Bhausaheb Magar (2004) AIR Bom. 283 (FB): The Full Bench of the Bombay High Court in this case considered whether a woman, married under a void or voidable marriage, could claim maintenance under Section 125 of the CrPC. The court reiterated that if the marriage is declared null and void under the law, the woman is not entitled to maintenance under Section 125. This decision was consistent with the earlier ruling in Yamunabai’s case.

5. Savitaben Somabhai Bhatiya Vs. State of Gujarat & Others (2005) 3 SCC 636: In this case, the Supreme Court considered whether a woman in a live-in relationship could claim maintenance under Section 125 of the CrPC. The Court held that a woman in a live-in relationship, akin to marriage, could not claim maintenance under Section 125 because it applies only to a legally wedded wife. However, the court noted that such women might seek relief under other provisions, such as the Protection of Women from Domestic Violence Act, 2005.

6. Chand Dhawan Vs. Jawaharlal Dhawan (1993) 3 SCC 406: This case addressed the issue of whether a wife could claim maintenance under Section 25 of the Hindu Marriage Act after the dissolution of the marriage. The Supreme Court held that a wife could claim maintenance even after the marriage was dissolved, as long as she remained unmarried and was unable to maintain herself. The case emphasized the continued obligation of the husband to provide maintenance post-divorce.

7. Rameshchandra Rampratapji Daga Vs. Rameshwari Rameshchandra Daga (2005) 2 SCC 33: The Supreme Court in this case dealt with the issue of permanent alimony and maintenance under Section 25 of the Hindu Marriage Act. The Court ruled that even if a divorce is granted on the grounds of mutual consent, the wife is entitled to permanent alimony and maintenance as per the husband’s financial capability and the standard of living enjoyed by the wife during the marriage.

These cases provide insights into how Indian courts have interpreted the law regarding maintenance, the rights of women in void or voidable marriages, live-in relationships, and the provision of alimony post-divorce.

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