Can wife of void marriage claim maintenance?
Asked by: Mr. Erwin Fadel Jr. | Last update: February 16, 2026Score: 4.7/5 (23 votes)
Yes, a wife in a void marriage can claim maintenance and alimony, as the Supreme Court of India clarified that spouses in marriages declared null and void (void ab initio) are entitled to financial support under laws like the Hindu Marriage Act, 1955 (HMA), via Sections 24 (interim) and 25 (permanent). Courts have emphasized that this relief is discretionary, dependent on case facts and conduct, and aims to prevent financial hardship, allowing claims even if the marriage was never valid.
Can a wife of void marriage claim maintenance?
“A spouse whose marriage has been declared void under Section 11 of the 1955 Act is entitled to seek permanent alimony or maintenance from the other spouse by invoking Section 25 of the 1955 Act,” the Supreme Court said, as cited by the report.
In what circumstances is the wife not entitled to maintenance?
No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her, husband, or if they are living separately ...
What are the consequences of void marriage?
A void marriage has different implications on property division than a valid marriage. As noted above, a void marriage is as if the marriage never took place. Therefore, the Matrimonial Property Act (“MPA”), would not apply, and the presumption of the equal division of property between married couples would not occur.
Can a divorced wife claim maintenance?
Maintenance under Hindu law:
According to the Hindu Marriage Act, 1955 and Hindu Adoption and Maintenance Act, 1956 a divorced woman has a right to claim maintenance under the Hindu Law.
Can Spouse of Void Marriage Under S.11 of HMA Claim Maintenance Under S.25? Supreme Court Explains
How long after divorce can my ex-wife claim money?
“Consistently with the potentially life-long obligations which attend a marriage, there is no time-limit for seeking orders for financial provision or property adjustment for the benefit of a spouse following divorce.
What is the biggest mistake during a divorce?
The biggest mistake during a divorce often involves letting emotions drive decisions, leading to poor financial choices, using children as weapons, failing to plan for the future, or getting bogged down in petty fights that escalate costs and conflict, ultimately hurting all parties involved, especially the kids. Key errors include not getting legal/financial advice, fighting over small assets, exaggerating claims, and neglecting your own well-being.
What evidence is needed to prove a marriage is void?
Grounds for a void marriage typically include: Bigamy: One or both parties were already legally married to someone else at the time of the new marriage. Incest: The parties are closely related by blood, such as parents and children, siblings, or, in some jurisdictions, first cousins.
What are the two grounds of void marriage?
Void Marriage
(i) Neither party should have a spouse living at the time of marriage. (ii) The parties should not be within the degrees of prohibited relationship, unless the custom or usage governing each of them permits such a marriage.
What happens when a marriage is void?
A void marriage is invalid from its beginning, and is generally treated under the law as if it never existed and requires no formal action to terminate. In some jurisdictions a void marriage must still be terminated by annulment, or an annulment may be required to remove any legal impediment to a subsequent marriage.
Is an adulterous wife entitled to maintenance?
Bombay High Court has ruled that if allegations of adultery are proved against the wife in a marriage she is not entitled to maintenance.
Who loses most in a divorce?
In divorce, women often suffer more significant financial hardship and loss of living standards, while men are more prone to severe emotional distress, depression, and health issues like substance abuse, though both genders face substantial challenges, and children's lives are deeply disrupted by family changes. The most vulnerable in any divorce are often the children, whose routines, finances, and emotional stability are all profoundly affected by their parents' separation, regardless of who files for divorce.
Does a husband have to support his wife during separation?
This is in addition to any child maintenance they might have to pay. If you weren't married or in a civil partnership, you'll have to share the costs of looking after any children you have together - but you don't have to support each other financially when you separate.
What assets are divided in a void marriage?
Since an annulled marriage is considered void, there's no legal “community property” to divide. Instead, property and assets are divided based on ownership and contributions, including those that occurred before the marriage was approved by the state.
What is the landmark case of void marriage?
In Lily Thomas v. Union of India (2000), Supreme Court (SC) held that when a Hindu spouse converts his religion to remarry with no intention to practice such religion, but to only achieve an ulterior motive, then the second marriage will be declared void.
Is the second wife not entitled to maintenance?
Second wife when not entitled to maintenance ?: Second wife marrying Hindu male having legally wedded wife, after coming into force of the Hindu Marriage Act, 1955 is void ipso jure u/s 5(i) of the Act and is not entitled to claim of maintenance either under the Hindu Marriage Act, 1955 or u/s 125 of the CrPC.
What is the punishment for void marriage?
Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
What are common examples of void marriages?
Examples of void marriages are those involving bigamy or incest. Divorce and annulment differ because divorce acknowledges that the marriage existed and was legally terminated, while annulment voids the marriage as if it never happened.
What are the consequences of a void marriage?
If a marriage is found to be void then it never existed. In such circumstances, it is unlikely that either party will be able to claim financial relief from the other under the Matrimonial Causes Act 1973 although claims can still be made in respect of children.
Is a sexless marriage grounds for an annulment?
The law around annulment for non-consummation of a marriage
The court stated that case law has indicated a marriage can only be annulled for this reason if there is an incapacity to consummate the marriage springing from “physical or psychological limitations beyond the control of the refusing party.
What is the 2 2 2 2 rule in marriage?
The 2-2-2 rule is a relationship guideline for couples to maintain connection by scheduling intentional time together: a date night every 2 weeks, a weekend away every 2 months, and a week-long vacation every 2 years, helping to prioritize the relationship amidst daily stresses and routines. It's a framework for regular quality time, communication, and fun, originating from a Reddit post and gaining traction for preventing couples from drifting apart by focusing on consistent connection.
What are the main grounds that render a marriage void?
A marriage becomes invalid (void or voidable) when fundamental requirements aren't met, such as bigamy (already married), incest (too closely related), underage status, or lack of capacity (mental incapacity, intoxication, fraud/duress/force), meaning true consent or legal standing was missing from the start, allowing for annulment as if the marriage never existed.
What money can't be touched in a divorce?
Money that can't be touched in a divorce is typically separate property, including assets owned before marriage, inheritances, and gifts, but it must be kept separate from marital funds to avoid becoming divisible; commingling (mixing) these funds with joint accounts, or using inheritance to pay marital debt, can make them vulnerable to division. Prenuptial agreements or clear documentation are key to protecting these untouchable assets, as courts generally divide marital property acquired during the marriage.
What is the 10-10-10 rule for divorce?
The "10/10 Rule" in military divorce determines if a former spouse receives direct payments from the military pension, requiring at least 10 years of marriage that overlap with 10 years of the service member's creditable military service. If this rule is met, the Defense Finance and Accounting Service (DFAS) sends the court-ordered portion directly to the ex-spouse; if not, the service member pays the ex-spouse directly, though the court can still award a share of the pension. This rule affects how payments are made, not the eligibility for pension division itself, which is decided by state law.
What is the 7 7 7 rule for couples?
The 7-7-7 rule for couples is a relationship guideline suggesting they schedule consistent, quality time together: a date night every 7 days, a weekend getaway every 7 weeks, and a longer, romantic vacation every 7 months, designed to maintain connection, prevent drifting apart, and reduce burnout by fostering regular intentionality and fun. While some find the schedule ambitious or costly, experts agree the principle of regular, dedicated connection is vital, encouraging couples to adapt the frequency to fit their lives.