The Allahabad High Court has ruled that a wife cannot be denied maintenance under Section 125 of the Criminal Procedure Code on the basis that her marriage is voidable.
Justice Rajeev Lochan Shukla delivered the decision while hearing a revision petition filed by Shweta Jaiswal.
The bench set aside the order of the Principal Family Court in Chandauli, which had earlier rejected her claim for personal maintenance, and directed the court to reconsider the case afresh.
The Family Court had dismissed the wife’s plea for maintenance, although it awarded ₹2,000 per month for her minor daughter. The lower court concluded that the petitioner had been living separately from her husband without sufficient cause, partly because she had allegedly concealed details of a previous marriage and divorce.
The petitioner blamed cruelty and dowry demands for her separation and affirmed that she holds the legal status of a wife with all associated rights until a court formally annuls a voidable marriage.
Observations by the High Court
Justice Shukla noted that the Family Court had drawn conclusions beyond the pleadings of the parties. He emphasised that merely citing a concealed previous marriage could not justify inferring wilful desertion.
The High Court ruled that a woman continues to enjoy the legal status and rights of a wife unless a court annuls the marriage by a decree.
Denying maintenance on a speculative assumption that the marriage might be invalid was ‘unjust and distorted’, particularly when neither party had initiated annulment proceedings.
The judge cited the Supreme Court’s decision in Sukhdev Singh vs Sukhbir Kaur and highlighted that courts may still grant maintenance after declaring a marriage voidable, depending on the facts of the case.
The High Court remanded the case back to the Family Court in Chandauli to issue a fresh order on the wife’s maintenance claim, in light of its observations. The maintenance granted to the minor daughter remains unaffected.
This ruling reinforces that Section 125 grants a statutory right to maintenance to prevent destitution and forbids denying it on technical or speculative grounds.
Also Read: Allahabad High Court Rules Minor Husband Can Be Sued For Maintenance
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