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D Seikhar G (self)     02 October 2013

Do maintenance is allowed if null & void marriage is there


If marriage is of less than one year with hardly any consummation and good domestic relation,where husband and wife both seperated after 2 month's.But husband found that many matterial fact's been supressed prior to the marriage from bride side and even the marriage was not performed by seven Pheda's infront of the agni.So,in this case do he can claim that marriage is void & null?

Do maintenance petition from wife is maintainable if matrimonial suit of void and null marriage is from husband on the above mentioned cause?


Expert's plz give your expert's views and suggestion's on my above question's.Thanking you in advance.



Learning

 14 Replies

T. Kalaiselvan, Advocate (Advocate)     02 October 2013

If the marriage is declared Null and void, there is no question of husband and wife relationship hence the question of maintenance/alimony will not arise, however prevention of domestic violence against women act has got its own exception, be careful that your actions do not attract the clutches of that law.  

1 Like

D Seikhar G (self)     02 October 2013

Thank's for your time and response. Sir,If case is going on for null and void,then do she will get interim maintenance as no final judgement derrived yet on null and void? and my second question is do my case is strong if no saptapadis (saath pheda's been done) causing such seven step's not present in marriage makes it null and void,how can I proove it sir?

Plz enlighten me sir.

D Seikhar G (self)     05 October 2013

No, marriage was not registered it was performed like an usual hindu marriage but there were no any 7 phera,so my question is do my marriage is valid?I want to file null and void marriage based on this along with non-consummation, is this sufficient to declare it ? and what about maintenance do she will get maintenance after filing such case by me?

Adv. Chandrasekhar (Advocate)     05 October 2013

if non-consumation of marriage is due to her impotency, then it is a ground.  If facts which she or her relatives concealed from you are material or non-material can be decided by the court and if they are really material, then you can get annulment.  but it shall be filed within one year from the date of knowledge of material fact.  finally, technical defect of non-performing of sapta padi is difficult to prove and will not have much impact on the couort.  during the pendency of annulment proceedings, she will be entitled t6o interim maintenance, but once null and void is declared she will not get maintenance.

1 Like

D Seikhar G (self)     12 October 2013

@ Adv. Chandrasekhar and other experts plz elaborate the definition of matterial facts in voidable marriage. Does saptapadi is not essential for hindu marriage to make it void , here no such rituals performed , even non-consumation happned due to suppression of education,custom,culture and many differences which were known after marriage. Their parents have supressed her educational bacground,her culture,her behaviour,her body problems,her job and many more things which has been given me so much pain after knowing the facts.

Experts please suggest me what to do?

D Seikhar G (self)     13 October 2013

dear raj kindly check your pm

praveen (ffff)     24 January 2015

If the case is filed for VOIDABLE MARRIGE DOES IT QUALIFY FOR INTERIM MAINTAINENCE?

Rakshith   04 February 2017

My client is the respondent i.e husband...they both got married but later got to know she was not interested in marriage and was forced to get married..later after 20 days of marriage husband got to know about this and filed a case for divorce as the marriage is null n void..now wife has filed a case domestic violence and dowry case..both husband and wife has not involved in any intercourse..now my question is whether she can claim for maintainace..as I'm new to this profession please Suggest me with proper guidance ..

Rakshith   04 February 2017

My client is the respondent i.e husband...they both got married but later got to know she was not interested in marriage and was forced to get married..later after 20 days of marriage husband got to know about this and filed a case for divorce as the marriage is null n void..now wife has filed a case domestic violence and dowry case..both husband and wife has not involved in any intercourse..now my question is whether she can claim for maintainace..as I'm new to this profession please Suggest me with proper guidance ..

Kumar Doab (FIN)     02 December 2018

The court may decide by various factors

For permanent and periodic maintenance, Maintenance pendente lite and expenses of proceedings

GO thru;

The Hindu Marriage Act, 1955

25 Permanent alimony and maintenance .—

 

24 Maintenance pendente lite and expenses of proceedings. —Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable

 

(i) During the pendency of the divorce proceedings at any point of time if the wife establishes that she has no sufficient independent income for her support, it is open to her to claim maintenance pendente lite

 

 

`Wife' or `Husband' ; Words should be liberally construed and wife or husband under void or voidable marriage may be entitled to claim maintenance under Section 25(1) of the Act.

The Apex Court has decided and citation is already posted above i.e.

Supreme Court of India

Rameshchandra Rampratapji Daga vs Rameshwari Rameshchandra Daga on 13 December, 2004

Author: Dharmadhikari

Bench: D. M. Dharmadhikari, H. K. Sema

           CASE NO.:

Appeal (civil)  1774-1775 of 1775

 

 

Kumar Doab (FIN)     02 December 2018

To pick up relevant points, be properly informed and to have 1st hand feel of the views of courts and Presiding Officers GO thru;

 

Rajasthan High Court

Madan vs The State Of Rajasthan And Anr. on 28 August, 1992

Equivalent citations: I (1993) DMC 71, 1992 WLN UC 322

Author: N Tibrewal

Bench: N Tibrewal

 

7. The marriage may be void, voidable or valid. In case of void marriage, it is void ab initio, but, in a case of voidable marriage, it stands annulled from the date of the decree of nullity which can be passed Under Section 12 of the Act on any of the grounds enumerated therein. If the' marriage is valid, then, the marriage can be dissolved on the petition by the husband or the wife on any of the grounds mentioned Under Section 13 of the Act.

9. It has been contended by the learned counsel for the wife that a term 'wife' in Section 125 Cr. P.C. should be given a wider meaning so as to include therein not only a lawfully wedded wife but also a woman married in fact. It was also contended, that in any case, the marriage in the instant case was not void ab initio and the wife and the non-petitioner may be treated as a divorcee even after the marriage was declared void Under Section 12 of the Act by a decree of nullity. If a divorcee is held to be entitled to the benefits of the section, the wife in the instant case should also be brought under the purview to be entitled to maintenance Under Section 125 Cr. P.C. In my view, this argument cannot be accepted. The right of the wife to maintenance depends upon the continuance of her marriage status and once the status of husband and wife is declared to be null and void, the effect would be the same as in (he case of void marriage Under Section 11 of the Act.

10. The next question that may arise is from what date the order of cancellation should be effective.

 

Kumar Doab (FIN)     02 December 2018

 

Wife under a void or voidable marriage is also entitled to maintenance and alimony under Section 25 of the Hindu Marriage Act 1955..

Delhi High Court

Kuldip Chand Sharma vs Geeta Sharma on 25 February, 1976

Equivalent citations: AIR 1977 Delhi 124, ILR 1976 Delhi 854

Author: B Misra

Bench: B Misra

14… At the present time nobody can be expected to live and make his or her two ends meet on this paltry sum. The court below awarded the amount in view of "potentiality of the respondent to earn" and so she was indeed expected to earn and maintain herself, if she were not to be left to starve to death. The appellant can, therefore, not derive any advantage from the alleged earning of the respondent after he has had the alimony fixed at a low figure. The finding of the court below is affirmed and the contention of the appellant is rejected.

 

 

Illustrated Allahabad High Court judgment to defeat the claim of OP;

 

Smt.Kiran Dhar vs Alok Berman on 14 May, 2014

Bench: Arvind Kumar (Ii)

 

 

 

 

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

 

 

 

AFR

 

Reserved

 

 

 

Case :- CRIMINAL REVISION No. - 623 of 2007

7. Learned counsel for the opposite party argued that second marriage is void ab initio on the ground of subsistence of first marriage, then this wife is not entitled for maintenance as marriage is void.

 

 29.      In view of Sections 5 (1) and 11 of Hindu Marriage Act and also in view of decision of Apex Court in Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav and another (supra) the marriage between Smt. Kiran Dhar and Alok Berman is void ab initio, and she is not entitled to maintenance.

 

30.       It is also clear from the decision of Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav and another (supra) that even if the second wife (Smt. Kiran Dhar) was not aware of first marriage of her husband with another woman, she is not entitled to any maintenance.

 

31.       In view of the above discussions, this criminal revision is liable to fail, and is hereby dismissed.

 

Order Date :- 14.5.2014 Anupam (Justice Arvind Kumar Tripathi - II)   

 

 

Revisionist :- Smt. Kiran Dhar

 

Opposite Party :- Alok Berman

Kumar Doab (FIN)     02 December 2018

And latest Judgment;

Man has to maintain wife till nullity of their marriage: Delhi court

Updated: May 15, 2017

 

“A married woman is entitled to benefits and protection under the domestic violence law until her husband gets a decree of nullity of their marriage, a Delhi court has said.

The sessions court made the law clear to a man, who had challenged a magisterial court’s order directing him to pay an interim maintenance of Rs 5,000 to his estranged wife on the grounds that the woman was already married before marrying him.

“I am of the view that until and unless the man did not get decree of nullity of marriage with the woman, as divorce petition under the Hindu Marriage Act has already been filed, she is entitled for benefits and protection under Domestic Violence Act as the Act is benevolent in favour of a woman,” additional sessions judge Jagdish Kumar said.

The court dismissed the man’s appeal, saying there was no illegality, infirmity or impropriety in the order of trial court and it was an interim order of maintenance which could be modified at the time of final disposal of main petition.

The man challenged the trial court order, saying it had not considered the fact that his marriage with the woman was null and void from the beginning as she was already married to some other person.

To this, the sessions court said even if this fact was accepted for the sake of an argument, the marriage of the woman with the other person “may be nullity ab-initio” under the provisions of the Hindu Marriage Act as she asserted that he was her cousin brother.

“Then the marriage between the appellant man and the woman may subsist. Though, it is not within the jurisdiction of this court to give any opinion regarding the nullity or subsisting of marriage between the man and the woman but I am giving the observation only on the basis of averment in pleading, if same is admitted to be correct and same are only for the sake of argument,” the judge said.

The woman, in her petition seeking maintenance from her husband, had said that she got married to him in March 2013 and alleged that the man and his parents started harassing her just after few days of marriage.

She also alleged that her husband and in-laws started demanding dowry and she was thrown out of her matrimonial house two months after marriage, i.e. in May 2013 after which she approached the court.

The man, in his appeal, also placed on record a marriage certificate of the woman with the other person purportedly issued by the registrar of Hindu marriages in Ghaziabad.

The court, however, said mere production of a marriage certificate issued under the Special Marriage Act in support of her claimed first marriage was not sufficient.

 

Kumar Doab (FIN)     02 December 2018

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Family/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Family/Civil  matters.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Your very able LOCAL counsel can help, guide to cover any lapses and fetch relief rrom court of law.

You can express your self and discuss in detail to your satisfaction and your counsel can appraise you on merits and timeframe etc.


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