• Alimony in case of annulment/void marriage

In case of void marriage or annulment of marriage, can appellant ask for alimony?
Asked 5 years ago in Family Law
Religion: Hindu

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32 Answers

What are the grounds on which the annulment is being sought?

 

regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

No. She cannot ask for any alimony or maintenance amount in case of a annulment of marriage on grounds of marriage being a void marriage.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

There is no dearth of precedents that a wife whose marriage is declared as null and void is entitled to maintenance .

The supreme court has made it clear that wife even from void marriage can ask for maintenance. 

Devajyoti Barman
Advocate, Kolkata
22821 Answers
488 Consultations

5.0 on 5.0

Yes she can file for application but same can contested on ground that she /he is not legally wedded and doesn't qualify for alimony .

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

she can seek permanent alimony and maintenance under section 25 of the Hindu Marriage Act

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hello,

  1. If the annulment is because of the opposite party you may not have to pay an alimony. 
  2. If the annulment is a result of fault on your part, you would be liable to pay an alimony. 

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

Around 6-8 months may be required to get ex parte judgement. 

Devajyoti Barman
Advocate, Kolkata
22821 Answers
488 Consultations

5.0 on 5.0

If it is not contested by the spouse, she would be proceeded ex parte and the ex-parte proceedings would take at least 10- 12 months.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

If no contest then also it can take around a year to give exparte order.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See even other party give favourable reply and consent still.will take some time.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If she appears before the court and admits, then it would not take 1 year.

The court would draw the decree after admission.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

It is called decree on consent.

You can file petition under Order 23 rule 3 of CPC.

Devajyoti Barman
Advocate, Kolkata
22821 Answers
488 Consultations

5.0 on 5.0

during pendency of annulment petition wife can  claim maintenance and even at the time of finalisation of the case or thereafter claim permanent alimony

Ajay Sethi
Advocate, Mumbai
94713 Answers
7530 Consultations

5.0 on 5.0

It would take at least a year for court to pass orders for anullment of marriage 

Ajay Sethi
Advocate, Mumbai
94713 Answers
7530 Consultations

5.0 on 5.0

It would still take one year even if there is no contest 

Ajay Sethi
Advocate, Mumbai
94713 Answers
7530 Consultations

5.0 on 5.0

She cannot claim any alimony or maintenance,  in case of annulment of marriage on ground of being a void marriage

it would take a time off approximately 1 year even if it is not contested

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

Hi,

It may take one year or so for complete proceedings. In  case of ex parte decision, no alimony is granted.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

It's totally depends upon how many pending cases are there in court before your case.

 

You can ask your lawyer to proceed case in fast track court.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

It depends on the quote that how long it takes to pronounce the judgement in any case in case the marriage is void in that case it will be the more considerate question that why the Marriage is white void? 

The court will take decision only on this issue if the respondent is not guilty of anything in this marriage then she must be compensated

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

however annulment of marriage may take more than 6 months

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Sir,

1. Yes the woman who got annulment of marriage by decree of nullity can also during pendency of annulment petition claim maintenance and even at the time of finalization of the case or thereafter claim permanent alimony and maintenance. The financial status of both parties have to be checked to decide the applications of the parties claiming financial support from the other.

2. Procedure for filing petition for annulment – One of the parties must necessarily live for a continuous ninety day period in the state where the petition for annulment is filed. Though the procedure of annulment is similar to that of a divorce, but not as complicated as divorce.

3. Annulments are not granted graciously but rarely and so whenever they are granted, there should be very specific circumstances.
Thus, annulments nullifies the marriage thus returning both the parties to the position prior to their being getting into the institution of marriage.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Yes it will take minimum of 1 year

Prashant Nayak
Advocate, Mumbai
31949 Answers
179 Consultations

4.1 on 5.0

Dear Sir,

 

- As per Supreme Court of India even incase Marriage is announced Void or Annulment, still she is entitled for alimony. Below is the judgement for your understanding -:

 (Gurmit Kaur vs Buta Singh on 11 August, 2009)

- Application U/s 24 of the Hindu Marriage Act makes clear on grant of maintenance pendente lite and litigation expenses.

- The process shall take easily minimum 6 months even if another party does not contest as court takes own time according to other pending cases.

- Rest of the input can be shared once have the  clear input of case and seeing the facts.

- Do feel free to connect incase need any further assistance with prior shared the case details

 

Regards

 

Vivek Arya

 

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

In case of void/ voidable marriage, the spouse can ask for maintenance but only during the pendency of the proceedings and not thereafter.  

The time for the annulment proceedings depends from Court to Court. 

Your understanding and interpretation is extremely wrong. Annulment cannot be done by consent.  The other side may agree to the allegations but even then the Court may not annul the marriage if they feel that there is any collusion or connivance between the parties. 

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

A void marriage is a marriage that did not happen in the eyes if the law. It is as if it never existed. To declare a marriage null and void a case must be filed for it and if there are grounds then the marriage would be pronounced void.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

If the grounds are such that it becomes clear to the court from the first day that the marriage fulfilled the conditions necessary  for a void marriage as specified in the hindu marriage act the court shall grant instant decree if the opposite parties are not present.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

If the court has nullified the marriage by an order of annulment then ther is no marriage and if there is no  marriage then there is no question of alimony.

T Kalaiselvan
Advocate, Vellore
84914 Answers
2195 Consultations

5.0 on 5.0

If the annulment case has not been contested by the respondent after receiving the summons, then it may come to an end within very short period.

T Kalaiselvan
Advocate, Vellore
84914 Answers
2195 Consultations

5.0 on 5.0

If the respondent is participating in the case and do not put strong fight on mutual understanding, then the case may be disposed within 6 months also provided it is expedited properly by your advocate

T Kalaiselvan
Advocate, Vellore
84914 Answers
2195 Consultations

5.0 on 5.0

1. If the marriage is annulled then wife has no right to seek alimony as it means as if the marriage never took place in first instance.

2. It takes about a year in Delhi.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Under Hindu Marriage Act the only petition that can be filed jointly is a petition for divorce by mutual consent. Annulment petition cannot be filed jointly. 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you are most concerned about not spending too much time in proceedings of annulment.
  2. If you would have though if doing it on the ground to declare it void then if other party were objected to it then it may take years.
  3. But, as you said that mutually both the parties wish to go for the annulment then it may still take one year as court always work for saving the marriage even if there is any illegality as court believes in saving the marriage, but not breaking the marriage.
  4. Though you can make an application for waiving off the time period to some extent.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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