Sec 125 crpc
kavita.sharma
(Querist) 11 May 2013
This query is : Resolved
whether wife of voidable marriage can claim maintenance under crpc 125?
2nd question IS IT TRUE THAT WIFE OF VOID MARRIAGE CAN NOT CLAIM MAINTENANCE.
ajay sethi
(Expert) 11 May 2013
YES wife of voidable marriage can claim maintenance .
ajay sethi
(Expert) 11 May 2013
R. Basant and K. Surendra Mohan, JJ.
W.P.(C) No. 36823 of 2008
Dated this the 3rd day of February, 2012
Head Note:-
Criminal Procedure Code, 1973 – Section 125 - Protection of Women from Domestic Violence Act, 2005 – Section 26 - Concept of wife under Section 125(1)(a) Cr.P.C. - "Wife" under Section 125 Cr.P.C. will include a woman in domestic relationship under the DVA. Ascertainment of strict legal relationship is not legally necessary to consider the object and purpose of Section 125 Cr.P.C.
Protection of Women from Domestic Violence Act, 2005 - Section 20(1)(d) - Hindu Marriage Act, 1955 - Section 12 - Notwithstanding the subsequent decree under Section 12 annulling the marriage, the wife must be entitled for monetary relief of maintenance under Section 20(1)(d) of the DVA.
Held:- Considering the social purpose which the DVA has to serve and considering the specific language employed in the definition of Section 2(f) ("domestic relationship") and Section 2(s) ("shared household"), it has got to be held that a woman who lives with the spouse in a solemnized marriage or had so lived with him after such solemnized marriage must be held to be an aggrieved person under Section 2(a) and she can claim against her spouse who falls within the sweep of the definition "respondent" in Section 2(q). Notwithstanding the subsequent annulment of marriage by a decree under Section 12 of the Hindu Marriage Act the status of the parties as aggrieved person and the respondent is not affected and their past residence (prior to annulment) in the shared household on the strength of such solemnized marriage must certainly be held to entitle the wife/woman to the monetary relief of maintenance under Section 20(1)(d) of the DVA. Annulment of marriage under Section 12 of the Hindu Marriage Act cannot altogether obliterate or annihilate the solemnized marriage. Sections 16, 25 and 15 as interpreted in binding precedents accept this position. Even if the marriage is annulled under Section 12 of the Hindu Marriage Act, the decree of annulment cannot militate against this fact that the man and woman had lived together in a shared household and were related to each other though a relationship in the nature of marriage. The marriage may have been voidable. It may have been annulled as a voidable marriage by a decree of annulment under Section 12 of the Hindu Marriage Act. But all these cannot militate against the fact that their relationship was (at least) in the nature of marriage. The spouses who lived together for sometime in an annulled marriage can certainly be held to have shared a domestic relationship as defined under Section 2(f) of DVA.
Overrruled :- Surendran T.K. Vs. State of Kerala, 2009 (3) KLT 967 : 2009 (3) KHC 569
Criminal Procedure Code, 1973 - Section 125(1) Explanation (b) - Hindu Marriage Act, 1955 - Section 12 & 13 - Explanation (b) to Section 125(1) Cr.P.C. must receive an interpretation consistent with the laudable legislative purpose, object and rationale to prevent vagrancy and avoid destitution. "The wife" under Explanation (b) must include any woman whose marriage has been brought to severance by acts of spouses including a decree passed by court at their instance under Section 12 or Section 13 of the Hindu Marriage Act.
Held:- The accent is that such wife in a terminated marriage unilaterally or by intervention of court must remain unmarried to claim inclusion within the ambit of deemed wife under Explanation (b). The realistic acceptance of the fact that the wife in an annulled marriage cannot in fact be placed by law to her position of maidenhood/spinstership prior to marriage demands and warrants such an expansive interpretation of the expression "wife" in Explanation (b). The fact that consequences of an annulment are not declared in the Hindu Marriage Act specifically and the fact that for the purpose of Sections 16, 25 and 15 the law realistically accepts that such marriage cannot be ignored, overlooked or forgotten and has to be equated to a marriage dissolved under Section 13 does also help us to accept the wider meaning for the expression "wife" in Explanation (b). The fact that under the personal law applicable to the parties, there is a liability for the husband in an annulled marriage to pay permanent alimony and maintenance to the wife under certain circumstances does also embolden us to include the wife in an annulled marriage also within the ambit of a deemed wife under Explanation (b). We take the view that such a woman falls within the sweep of the definition of "wife" under Explanation-(b).
Criminal Procedure Code, 1973 - Section 125(1) Explanation (b) - Wives belonging to other religious denominations whose voidable marriages have been annulled by a decree for nullity passed by court at the instance of either spouse shall all fall within the inclusive definition of "wife" in Explanation (b) to Section 125(
Devajyoti Barman
(Expert) 11 May 2013
Voidable marriage is valid until it is declared void by court of law.
ajay sethi
(Expert) 11 May 2013
thanks for your appreciation
prabhakar singh
(Expert) 11 May 2013
Any voidable activity is good in law unless it is declared void by court at the instance of victim party.That means victim can forgo cause of action available and where victim prefers to enforce then on proof court declares such act void and not binding on victim.
While any void act is no act in the eye of law even if acted by parties.
So is true for marriage also.
Raj Kumar Makkad
(Expert) 12 May 2013
She can definitely claim maintenance is the sole reply to your query.
