Archive · 29 Sep 2025
Allahabad HC: Wife in Voidable Marriage Entitled to Maintenance
Imagine a woman whose husband hid a previous marriage.
The Family Court said she wasn't entitled to financial support.
The Allahabad High Court disagreed.
It said that even if a marriage can be canceled (voidable), the wife still has rights, including maintenance, unless a court officially says the marriage is over.
The court pointed out that the previous court was wrong to assume the wife was living separately without good reason.
Until a judge declares a marriage void, it's considered valid, and the wife's right to support remains.
This ruling aligns with a recent Supreme Court decision about maintenance in such cases.
Allahabad High Court ruled a wife in a voidable marriage can't be denied maintenance unless a court declares the marriage void.
The case involved a woman whose maintenance claim was rejected by a Family Court in Chandauli.
The Family Court cited the wife living separately and the husband's concealment of a previous marriage.
The High Court found the Family Court's reasoning contrary to law and set aside the order.
The High Court referenced a Supreme Court pronouncement that supports maintenance claims in void or voidable marriages.
- Who
- Allahabad High Court
- What
- Ruled that a wife in a voidable marriage cannot be denied maintenance without a decree of nullity.
- When
- September 24, 2025
- Where
- Allahabad High Court
- Why
- To clarify the rights of a wife in a voidable marriage regarding maintenance.
- Court
- Allahabad High Court
- Case Type
- Criminal Revision
- Relevant Law
- Section 125 CrPC; Hindu Marriage Act, 1955
- Judgment Date
- September 24, 2025
- Family Court Location
- Chandauli