See in case of annulment court may not grant any alimony or may grant some alimony as there are few judgements relating to same . In case she has asked for annulment she may or you may file an application of maintenance and alimony .
Alimony rules in Annulment
My wife and I both work in software industry earning almost same salary(she earns 40k, I earn 55k per month). Both my parents (senior citizens-69,63) are retired and are on pension. Her father(53) still works in central government and have 7 years of job left. They have their own house , her sister is also employed. We both are 29 years old and our Togatherness in Marriage was for only 2 months. She has not filed a annulment case under special Marriage act 1954 u/s 25 blaming my impotency. I will fight the case but just want to know: Though I know about alimony rules/patterns in divorce cases, what is the alimony rules/patterns that will be followed in court by judge in my specific case when it's an annulment? Can she ask for any amount of money if she wins the case and court can accept it?
Asked 6 years ago in Family Law
Religion: Hindu
14 Answers
Punjab and Haryana High Court has ruled that a woman would still be entitled to permanent alimony from her former husband, even after the marriage has been legally annulled under Section 11 of the Hindu Marriage Act, 1955.
Division Bench of Justices Rakesh Kumar Jain and Harnaresh Singh Gill relied on the Supreme Court’s 1993 judgment in Ramesh Chandra Rampratapji Daga v. Rameshwari Ramesh Chandra Daga.
2)
. In our considered opinion, as has been held by this Court in Chand Dhawan’s case (supra), the expression used in the opening part of Section 25 enabling the ‘Court exercising jurisdiction under the Act’ ‘at the time of passing any decree or at any time subsequent thereto’ to grant alimony or maintenance cannot be restricted only to, as contended, decree of judicial separation under Section 10 or divorce under Section 13.
When the legislature has used such wide expression as ‘at the time of passing of any decree,’ it encompasses within the expression all kinds of decrees such as restitution of conjugal rights under Section 9, judicial separation under Section 10, declaring marriage as null and void under Section 11, annulment of marriage as voidable under Section 12 and Divorce under Section 13.'”
3) There is not much differences in your income
4) court would at most award her nominal amount as alimony
She can pray for it but of she is earning and capable to earn then she will not be awarded alimony
Annulment cases the spouse can ask for compensation. No alimony as the marriage is being annulled. The compensation can be decided once it is clear that a certain relevant fact or issue was hidden from the spouse. She has to prove it.
Regards
Alimony and maintenance is same and one. Wife earning status consider by court while granting maintainannce. She may deny due to her income status. And non working wife entitle to 25% of net salary of husband.
Wife is entitle to maintainance if reason for annulment of marriage is husband.
Thanks to all learned lawyers. What I have understood is, if she wins this case of special Marriage act 1954 u/s 25 claiming my impotency as reason behind non consummation of Marriage: She is not eligible for maintenance as she is working and drawing handsome salary (even clearly and openly accepted in her petition itself). Alimony also she can get very nominal for the same reason. But there is another concept I came to know which is compensation which, as I have heard, can be granted by court to her if she wins the case because then the annulment happened because of my fault. 1. Is it right? 2. Does compensation follows different rules/patterns from alimony or maintenance. I.e. the wife's earning status, financial status is not considered while granting the compensation and only point which is considered is who is at fault for the annulment of the Marriage after the decision. Is it right? 3. Hoe much compensation she can be granted (approx muximum). If she claims whatever amount like 15 lacs, 20 lacs as the cost of Marriage ceremony court may grant that too?
Asked 6 years ago
Yes and expenses incurred on marriage.
Compensation depends on court discretion and financial status of husband
If a person has hidden a relevant fact and the marriage can be and is annulled because of this then a person who is at fault may be ordered to pay compensation to the victim. Yes it is true.
Yes it depends upon the facts and circumstances of the case.
Regards
1) court can award compensation to wife in event of anullment of petition
2) it is at discretion of court
3)that mentioning of compensation in the application under Section 12 of the Act amounts to claim of alimony by the appellant-wife.
3) it does not follow different rules
4) it depends upon your income, wife income , standard of living etc
Compensation is rarely given from court
It depends on courts discretion that too nominal amount
1. Yes it is right court can grant her.marriage expense and compensation.
2. Yes compensation can be granted by courts wisdom and merits.
3. Court may reduce same but may grant her compensation.
She will not be eligible for maintenance or alimony for the reasons give below:
Since this is an annulment petition, there is no question of maintenance;
As she is employed and drawing a handsome salary she is not eligible for maintenance.
Therefore she may not be able to claim any amount even after she is winning the case filed against you.
1. Your fault means that you have filed a petition seeking annulment of marriage due to your own problem i.e., impotency, here in this case she only filed this case and moreover she has to prove that you are impotent by medical examination, even then it would not be considered as your problem.
2. There is no question of compensation but maintenance amount only, however since she is employed and drawing handsome salary, she may not become eligible for that also.
You have not stated that if she has filed any petition seeking maintenance or it is only you imaginary concept?
3. See the above answer
In maximum of the cases of annulement their is no maintenance for wife.
But recently a judgement of supreme court have established that their should be maintenance for wife if the annulement occurs due to fault of boy.
Dear Sir,
You have to show your income as less as possible and protest your wife’s claim by all means.
