Rkumar 27 November 2018

Alimony/permanent maintenance for guilty wife in nullity case

Hello All,

I am seeking expert advise on below case -

If wife prove to be guilty in case of nullity/annulment in hindu marriage on ground of mental illness , in this case, does court consider alimoney/permanent maintenance to wife (no kid born out of wedlock and wife is graduated as well) once nullity is passed by the court ?

Its really confusing that- since once nullity is proved, marriage is then null, so no question of husband and wife relation -> means no dependant concept.

however on other hand many says court reserve the right to grant alimony/permenanent maintenance even in case of nullity.

Can anyone please shed light, whether in this case alimonly can be granted to guilty wife or not base on above scenario? Any supporting judgments on this which can be reffered?

Note- I am not reffering interim maintenance here.

Thanks a lot!!!

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4 Replies

Sachin (N.A) 27 November 2018

Originally posted by : Rkumar
	Hello All, I am seeking expert advise on below case - If wife prove to be guilty in case of nullity/annulment in hindu marriage on ground of mental illness , in this case, does court consider alimoney/permanent maintenance to wife (no kid born out of wedlock and wife is graduated as well) once nullity is passed by the court ? Its really confusing that- since once nullity is proved, marriage is then null, so no question of husband and wife relation -> means no dependant concept. however on other hand many says court reserve the right to grant alimony/permenanent maintenance even in case of nullity. Can anyone please shed light, whether in this case alimonly can be granted to guilty wife or not base on above scenario? Any supporting judgments on this which can be reffered? Note- I am not reffering interim maintenance here. Thanks a lot!!!

In my opinion there is a difference between annulled marriage and void marriage.

If marriage is proved to be void then she has NO right to claim maintenance but if marriage is annulled she may claim maintenance

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Rkumar 27 November 2018

Thank you Sachin ji!

per clauses, i can say marriage will be eventaully proved to be voidable. Is that sufficient ground?

Also, do you think that in case of annulement, maintenance can be given even for guilty party?

Sachin (N.A) 27 November 2018

Originally posted by : Rkumar
	Thank you Sachin ji! per clauses, i can say marriage will be eventaully proved to be voidable. Is that sufficient ground? Also, do you think that in case of annulement, maintenance can be given even for guilty party?

No, if wife proved to be guilty then she cannot claim maintenance

Rkumar 04 December 2018

Originally posted by : Rkumar
	Hello All, I am seeking expert advise on below case - If wife prove to be guilty in case of nullity/annulment in hindu marriage on ground of mental illness , in this case, does court consider alimoney/permanent maintenance to wife (no kid born out of wedlock and wife is graduated as well) once nullity is passed by the court ? Its really confusing that- since once nullity is proved, marriage is then null, so no question of husband and wife relation -> means no dependant concept. however on other hand many says court reserve the right to grant alimony/permenanent maintenance even in case of nullity. Can anyone please shed light, whether in this case alimonly can be granted to guilty wife or not base on above scenario? Any supporting judgments on this which can be reffered? Note- I am not reffering interim maintenance here. Case is to prove the marriage as voidable as per clauses in section 12 and 5. Thanks a lot!!!