Allahabad High Court Upholds Wife's Right to Maintenance Despite Voidable Marriage
Court Remands Case for Fresh Consideration, Emphasizes Legal Entitlement to Maintenance under Cr.P.C.
In a significant ruling, the Allahabad High Court has reaffirmed the legal entitlement of wives to claim maintenance under Section 125 of the Code of Criminal Procedure (Cr.P.C.) despite the marriage being deemed voidable under Section 12(1)(c) of the Hindu Marriage Act, 1955. The judgment, delivered by Justice Rajiv Lochan Shukla on September 24, 2025, in the case of Sweta Jaiswal v. State of U.P., challenges the denial of maintenance based solely on the potential annulment of marriage without a decree of nullity.
The case, involving a criminal revision petition by Sweta Jaiswal, contested the impugned order dated November 2, 2017, issued by the Principal Judge, Family Court, Chandauli. The lower court had rejected Sweta Jaiswal's maintenance claim, citing her marriage as voidable due to concealment of material facts by her husband, Santosh Jaiswal. However, the High Court overturned this decision, stating that unless a marriage is declared null and void by a competent court, the wife retains her status as a legally wedded spouse and is entitled to maintenance.
Justice Shukla criticized the lower court's reliance on Section 12(1)(c) of the Hindu Marriage Act, pointing out that merely concealing a previous marriage or divorce does not disqualify a wife from claiming maintenance. The court highlighted that the revisionist had not sought to annul the marriage legally, thereby maintaining her status as a legally wedded wife.
The judgment draws on precedents such as Sukhdev Singh v. Sukhbir Kaur, where the Supreme Court stated that even if a marriage is prima facie void or voidable, maintenance can be granted until a final decision is reached, provided the conditions of Section 24 of the Hindu Marriage Act are satisfied.
Justice Shukla remanded the case back to the Family Court for fresh consideration solely concerning Sweta Jaiswal's maintenance claim, while maintaining the awarded maintenance for her minor daughter. The Principal Judge, Family Court, Chandauli, has been directed to decide the case within three months following the receipt of this order.
This ruling underscores the judiciary's commitment to protecting the rights of women in matrimonial disputes, ensuring that legal entitlements are not undermined by procedural technicalities.
Bottom Line:
Wife's entitlement to maintenance under Section 125 Cr.P.C. cannot be denied solely on the ground of the marriage being voidable under Section 12(1)(c) of the Hindu Marriage Act, 1955, unless the marriage has been annulled by a decree of nullity.
Statutory provision(s): Section 125 of the Code of Criminal Procedure, 1973; Section 12(1)(c) of the Hindu Marriage Act, 1955
Sweta Jaiswal v. State of U.P., (Allahabad) : Law Finder Doc Id # 2785621
