Allahabad HC: Wife Entitled to Maintenance in Voidable Marriage Until Nullity Decree

Allahabad HC: Wife Entitled to Maintenance in Voidable Marriage Until Nullity Decree

The Allahabad High Court held that a wife in a voidable marriage is not disentitled to maintenance under Section 125 CrPC unless a decree of nullity is passed. Sweta Jaiswal filed for maintenance against her husband, who had concealed a previous marriage. The Family Court denied her maintenance, granting only for the minor child. The High Court observed that a voidable marriage remains valid until annulled, and the wife retains all legal rights. Denial based on hypothetical annulment or mere concealment of prior marriage was “patently illegal and perverse.” Maintenance entitlement depends on the facts and conduct of parties, not the potential voidability. The Court reaffirmed that rights of a legally wedded wife persist until formal annulment, ensuring protection under Section 125 CrPC.