Tuesday 1 March 2016

Maintenance of wife under void marriage

                                                                                                                   
Maintenance of wife under void marriage
Section 25 of Hindu Marriage Act, 1955 provides "(i) Any court exercising jurisdiction under this Act may at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as having regard to respondent's own income and other property if any, the income and other property of the applicant, the conduct of the parties and other circumstances of the case, it may seem to the court to be just and any such payment may be secured if necessary by a charge on the immovable property of the respondent."
Thus under Section 25 a court of competent jurisdiction either at the time of passing any decree under Hindu Marriage Act 1955 or any time subsequent thereto on application of one spouse, may order the other spouse to pay permanent or periodical maintenance, after having regard to income and properties and other circumstances of each spouse. Once if the decree under the Hindu Marriage Act 1955 is passed is decree of nullity under Section 11 of the Act. Therefore words `Wife' or `Husband' have to be liberally construed and thus wife or husband under void or voidable marriage also are entitled to claim maintenance under Section 25(1) of the Act.
In Kuldeep v. Geeta, AIR 1977 Delhi 124Delhi High Court has held that the wife under a void or voidable marriage is also entitled to maintenance and alimony under Section 25 of the Hindu Marriage Act 1955.
Similarly reference may be made of Dayal Singh v. Bhajan Kour, AIR 1973 Punj. 44 (b) Legitimacy of Children Under Void and Voidable Marriages

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