- 19-Apr-2025
- Healthcare and Medical Malpractice
Yes, maintenance can be claimed during annulment proceedings, just as it can be claimed during divorce proceedings. The claim for maintenance is not dependent on the validity of the marriage but rather on the need for financial support during the proceedings and after the annulment of the marriage. Maintenance during annulment proceedings is governed by the Code of Criminal Procedure (CrPC), personal laws, and family laws applicable to the parties.
An annulment of marriage is a legal process that declares a marriage null and void as if it never existed. This can be granted on grounds such as fraud, coercion, impotency, or if the marriage was not legally valid from the beginning. Unlike divorce, which ends a valid marriage, an annulment treats the marriage as though it never occurred.
Section 125 of the CrPC allows any wife who is unable to maintain herself to claim maintenance from her husband. This right is not contingent upon the validity of the marriage but on the need for financial support.
Even if a marriage is being annulled, a wife may claim maintenance if she can prove that she is unable to support herself. The court will assess the wife's financial need and the husband's ability to pay maintenance.
In case the wife has been wrongfully denied her right to maintenance during the annulment process, she can approach the court and request maintenance under Section 125 of the CrPC.
Under Hindu Law (Hindu Marriage Act, 1955), the wife has a right to maintenance from her husband during annulment proceedings, provided the marriage was legally valid at some point. Even if the marriage is annulled later, the wife may still be entitled to maintenance under the Hindu Adoption and Maintenance Act, 1956.
Similarly, Muslim women can claim maintenance during annulment proceedings under Muslim Personal Law (depending on the circumstances of annulment). Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 allows women to claim maintenance during the period of iddat following an annulment.
In Christian and Parsi personal laws, annulment typically involves proving a lack of validity in the marriage, but the wife still retains the right to claim maintenance during the period when the annulment process is underway, if she is unable to support herself.
If the annulment is sought on grounds such as fraud, coercion, or impotency, the wife may be entitled to maintenance if she can show that she was dependent on the husband financially during the course of the marriage.
Maintenance may be claimed for the pendency period of the annulment proceedings, which can take months or even years. The wife's financial needs, the husband's ability to pay, and the length of the marriage may all influence the maintenance amount.
During the pendency of annulment proceedings, the wife may seek interim maintenance under Section 24 of the Hindu Marriage Act, 1955, if the annulment involves a Hindu marriage. This provision allows the wife to claim support for herself and any minor children during the legal process.
In addition to this, temporary alimony or maintenance may be claimed under Section 36 of the Special Marriage Act or Section 125 of the CrPC, depending on the applicable law.
The amount of maintenance granted during annulment proceedings will depend on several factors:
Suppose a woman files for the annulment of her marriage on the grounds of fraud or coercion. During the pendency of the annulment proceedings, if the woman is financially dependent on her husband, she may approach the court under Section 125 of the CrPC for interim maintenance. If the court finds that she is unable to support herself and the husband has the financial means, the court may grant her a monthly maintenance amount to support her during the proceedings.
Yes, maintenance can be claimed during annulment proceedings under Section 125 of the CrPC or applicable personal laws. The wife or spouse seeking annulment can claim interim maintenance during the pendency of the annulment process if they are unable to support themselves financially. Courts will assess the financial condition of both parties and the reasons for annulment before determining the amount of maintenance. The maintenance claim during annulment proceedings ensures that the spouse is not left destitute while awaiting a legal resolution of the marriage.
Answer By Law4u Team
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