What is the right of the wife if the marriage is considered void - Point of view of an Indian divorce lawyer

Introduction:

In a recent development, the Supreme Court directed that a case be presented to the Chief Justice of India for forming a three-judge bench due to conflicting judgments by a two-judge bench regarding the issue of alimony.

Marriage, which is typically seen as a sacred union based on love, trust, and commitment, can sometimes dissolve in ways that leave both parties questioning its very foundation. When a marriage is annulled, it is legally declared as though it never occurred.  But what becomes of the rights and entitlements of the individuals involved, particularly the wife? Does she still have a claim to alimony in the event of an annulment?

Annulment is a legal process that declares a marriage null and void for various reasons such as fraud, coercion, incapacity, or failure to consummate the marriage. When a marriage is annulled, it is considered as though the marriage never legally took place. For some, this offers relief and the opportunity to start fresh. However, for others, especially the wife, it can serve as a painful reminder of unmet expectations and broken promises.

The emotional burden of annulment can be heavy. The wife may struggle with questions of self-worth, wondering why the relationship wasn't recognized as valid. The feelings of rejection and emptiness can lead to a significant emotional crisis. In such circumstances, alimony isn't merely about financial support; it represents a form of stability and recognition of the suffering endured.

From a legal perspective, alimony, or maintenance, refers to the financial support one spouse might be required to provide the other following separation or divorce. However, in the case of annulment, the situation becomes more complex. Since annulment declares that the marriage never existed, the traditional grounds for alimony may not be applicable.

In various legal systems, the right to alimony depends on the marriage’s validity. Since annulment retroactively voids the marriage, some courts may argue that no legal foundation exists for alimony.

Nevertheless, this does not imply that the wife has no recourse. To understand this better, let’s examine some judicial precedents that explore both sides of the argument, as we await a final landmark judgment that will hopefully clarify this issue.

Yamunabai Anantrao Adhav vs. Anantrao Shivram Adhav & Another (1988) – This case explored whether a Hindu woman in a void marriage could claim maintenance under Section 125 of the Criminal Procedure Code (CrPC). The Supreme Court ruled that since the marriage was void, the wife was not entitled to maintenance under Section 125, emphasizing that only a legally valid wife can claim maintenance.

Abbayolla Reddy vs. Padmamma (1999) – The Andhra Pradesh High Court ruled that even if the wife had received some property or earned a small income, she could still claim maintenance if the amount was insufficient for her survival. This reinforced the notion that a husband's obligation to maintain his wife continues unless she can fully support herself.

Navdeep Kaur vs. Dilraj Singh (2003) – This case involved interim maintenance under Section 24 of the Hindu Marriage Act. The Punjab and Haryana High Court held that a wife without independent income should be granted maintenance during divorce proceedings.

Bhausaheb @ Sandhu S/o Raguji Magar vs. Leelabai W/o Bhausaheb Magar (2004) – The Bombay High Court ruled that a wife in a void marriage could not claim maintenance under Section 125 CrPC, affirming the ruling in Yamunabai’s case.

Savitaben Somabhai Bhatiya vs. State of Gujarat (2005) – The Supreme Court ruled that women in live-in relationships cannot claim maintenance under Section 125 as it applies only to legally wedded wives. However, the court suggested they might seek relief under other legal provisions, such as the Protection of Women from Domestic Violence Act.

Chand Dhawan vs. Jawaharlal Dhawan (1993) – The Supreme Court ruled that a wife could claim maintenance even after divorce if she was unable to support herself and remained unmarried, underlining the continued obligation of the husband post-divorce.

Rameshchandra Rampratapji Daga vs. Rameshwari Rameshchandra Daga (2005) – This ruling addressed permanent alimony and maintenance post-divorce, where the wife is entitled to it based on the husband's financial capacity and the wife’s standard of living during the marriage.

These cases offer valuable insights into how Indian courts have interpreted laws concerning maintenance, the rights of women in void marriages, and alimony following divorce.