Divorce Lawyer in India's Perspective on Alimony for a Wife in the Case of a Void Marriage

Introduction

Recent developments have led to a Supreme Court bench's decision that the case should be remanded to the Chief Justice of India to form a three-judge bench based on the conflicting judgments handed down by a two-judge bench about the award of alimony. The sacred bond of love, trust, and commitment that is marriage can sometimes take a turn during a relationship which can cause both parties to question the foundation of their relationship. In the annulment of a marriage, the legal declaration declares that the marriage did not exist. On the other hand, the annulment invalidates the marriage at the beginning, as if it never existed. In the case of an annulment, does the wife still have the right to receive alimony in the future, regardless of the annulment?

The annulment of a marriage is a legal process which can be used to declare it null and void through various legal processes. This can occur for a number of reasons, such as fraud, coercion, incapacity, or a failure to consummate the marriage. In the event of an annulment, the marriage is declared null and void, which provides relief for many of us - a chance to begin again. However, others, especially the wife, may find the incident to be a painful reminder of the promises that have been broken and what has been lost.

The emotional toll of an annulment is often heavy. The wife may question her self-worth, wondering why the relationship was not recognized as valid. The sense of rejection and the sudden void can lead to emotional collapse. It is important to recognize that alimony in such a situation does not simply provide financial support; it also provides some form of stability and acknowledgement of the suffering endured by the spouse.

Legally, alimony, also known as maintenance, is a form of financial support that one spouse may be required to pay to the other after separation or divorce. An annulment, however, is more complex. The annulment declaration declares the marriage never existed, so traditional alimony grounds may not apply.

Since annulments void marriages from their inception, some courts may argue that alimony is illegal when it comes to many legal systems.

We must wait until the final Landmark judgment, which will provide clear clarification very soon, to determine whether this means there is no recourse for the wife. Below are some precedents set by both "For" and "Against" courts.

Anantrao Shivram Adhav & Others (1988) 1 SCC 530: This case dealt with the question of whether a Hindu woman who had been married to a void marriage (i.e., a marriage that was not valid under Hindu law) would be able to claim maintenance under Section 125 of the Code of Criminal Procedure, 1973. As a result of the void marriage, the Supreme Court ruled that the woman was not entitled to maintenance under Section 125. It noted that only a legally valid wife could seek maintenance under Section 125.

Abbayolla Reddy Vs. Padmamma AIR 1999 AP 19:

Despite receiving some property in a settlement or earning a small amount, the wife was still entitled to maintenance under section 125 CrPC, the Andhra Pradesh High Court held. As long as the amount isn't sufficient to sustain her, the husband is still obligated to maintain his wife unless she can support herself fully. The case reinforces the requirement that the husband maintain his wife.

Navdeep Kaur Vs. Dilraj Singh (2003) 1 HLR 100:

During this case, Section 24 of the Hindu Marriage Act, 1955 was used to grant maintenance pending lite (interim maintenance). A wife should be provided maintenance during the pendency of divorce proceedings if she does not have an independent source of income to support herself. This includes interim maintenance during divorce proceedings.

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. As a consequence, the court reiterated that a woman is not entitled to maintenance under Section 125 if the marriage is declared null and void by the law, in line with its earlier ruling in Yamunabai's case.

The State of Gujarat & Others vs. Savitaben Somabhai Bhatiya (2005) 3 SCC 636 is:

Under Section 125 of the CrPC, a woman in a live-in relationship may claim maintenance under this case. As Section 125 applies only to legally wedded wives, women in live-in relationships, akin to marriage, cannot claim maintenance. The court, however, noted that such women may be able to seek relief under other provisions, including the 2005 Protection of Women from Domestic Violence Act.

Chand Dhawan Vs. Jawaharlal Dhawan (1993) 3 SCC 406:

After the marriage was dissolved, a wife claimed maintenance under Section 25 of the Hindu Marriage Act. According to the Supreme Court, a wife can still request maintenance after the marriage is dissolved, provided that she remains unmarried and cannot support herself. It stressed the husband's obligation to provide maintenance after a divorce.

Rameshchandra Rampratapji Daga Vs. Rameshwari Rameshchandra Daga (2005) 2 SCC 33:

Under Section 25 of the Hindu Marriage Act, the Supreme Court considered the issue of permanent alimony and maintenance in this case. According to the Supreme Court, even if the divorce was granted based on mutual consent, the wife was entitled to permanent maintenance and alimony. As a result of the husband's financial ability and the standard of living enjoyed by the wife during the marriage, this is determined.

Conclusion

Several cases in this collection provide insight into how Indian courts have interpreted the law concerning maintenance. They also provide insight into the rights of women in void or voidable marriages, live-in relationships, and the provision of alimony after a divorce.