Wife in Voidable Marriage Entitled to Maintenance Under CrPC Until Annulment : Allahabad High Court

The Allahabad High Court has ruled that a wife in a voidable marriage is entitled to maintenance under Section 125 CrPC until the marriage is formally annulled.

Justice Rajiv Lochan Shukla observed that a mere possibility of annulment does not affect the wife's legal status as a spouse.

The case arose after a husband concealed a prior marriage and winningly denied his wife’s maintenance plea.

The Court held that concealment of a prior marriage does not imply the wife was neglecting duties or living separately without reason. Her entitlement to maintenance remains until a decree of nullity is passed.

[Sweta Jaiswal v. State of U.P. and Another]