Mohit Attri (lawyer) 18 April 2012

Wife can claim maintanance if judge declare marriage is void

wife can claim maintanance if judge declare marriage is nul and void on the ground of fraud.

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6 Replies

Advocate M.Bhadra 18 April 2012

On a decree of anullment of marriage for voidable marriage wife can not claim any maintenance/alimony.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 19 April 2012

I agree with Mr. Bhadra

she can not claim maintenance

Mohit Attri (lawyer) 19 April 2012

thank you all

Shantanu Wavhal (Worker) 19 April 2012

i disagree.

in case of void / voidable marriage - wife gets maintenance - if she is not at fault & her husband is defaulter - i.e. the marriage is void due to the mistake / fraude of her husband.

eg. - rameshchandra rampratapji daga vs rameshwari devi daga - SC.

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(Guest)

in case of void / voidable marriage - wife gets maintenance - if she is not at fault & her husband is defaulter - i.e. the marriage is void due to the mistake / fraude of her husband.

wah wah amit maharaj

Shantanu Wavhal (Worker) 19 April 2012

@ Debashis88 Sir,

Thanx for appreciation.

same thing is said by SC in case of yamunabai anantrao adhav too -

https://indiankanoon.org/doc/938507/

Supreme Court of India

Rameshchandra Rampratapji Daga vs Rameshwari Rameshchandra Daga

The facts of the present case fully justify grant of maintenance both to the wife and the daughter. The evidence of the wife has been believed by the courts below and according to us rightly so. From circumstances preceding and attending the marriage, it can safely be inferred that the present husband must have made reasonable enquiries about the previous marriage of the present wife. The wife's version is natural and inspires belief that the document of Chor Chhithi was shown and given to the husband. It is proved from the photocopy of the foil of Registration, placed on record. According to the wife, the husband did receive the document of Chor Chhithi but has not produced it before the Family Court. It is argued that it is open to the wife, if the document was registered, to get a copy from the Registration office. Even if that was possible, we find no ground to disbelieve her version that the fact of her previous marriage was not concealed from the present husband. The husband is an advocate. His falsehood went to the extent of denying his second marriage and calling his wife only to be a governess of his children from the first wife. He unsuccessfully denied even the parentage of daughter Puja, born through him. He failed to lead any evidence on the illegitimacy of the child. After the second marriage the parties lived as husband and wife and they had a considerably long married life of about nine years from 1981 to 1990. In such a situation, the Family Court and High Court were fully justified in holding that the wife deserves to be granted maintenance under Section 25 of the Act.