Allahabad High Court Rules: No Maintenance Payable in Void Marriage Declared From Date of Marriage
By Rajesh Pandey
In a significant ruling, the Allahabad High Court has held that when a marriage is declared null and void through a declaratory decree under Section 11 of the Hindu Marriage Act, the declaration relates back to the original date of the marriage.
As a result, the husband is not liable to pay maintenance to the woman since no legal marital relationship is deemed to have ever existed.
#HighCourtRuling #VoidMarriage #MaintenanceLaw
The case involved a man named Rajeev Sachdeva, who had married the woman in 2015. However, the relationship soon deteriorated, and the woman lodged a First Information Report (FIR) alleging dowry harassment against her husband and his family.
The situation further escalated during the hearing of the husband’s anticipatory bail application, when it came to light that the woman had concealed her first marriage at the time of her second marriage to Rajeev Sachdeva.
Initially, the woman denied the previous marriage, but later admitted to it in court. Taking note of this, the trial court observed that she had not approached the court with clean hands, a key principle in equitable relief under the law.
#DowryLaws #ConcealmentOfFacts
Following this, the woman initiated proceedings under the Protection of Women from Domestic Violence Act, 2005, seeking relief against the husband.
In response, the husband applied Section 11 of the Hindu Marriage Act, requesting the court to declare the marriage null and void. Meanwhile, the woman sought interim maintenance and litigation expenses under Section 24 of the Hindu Marriage Act.
The husband’s application under Section 11 was allowed, and the marriage was formally declared null and void. Though the woman appealed against this decision, she later withdrew the appeal, making the nullity of the marriage final and undisputed.
Despite the marriage having been legally nullified, the trial court went on to grant the woman maintenance of ₹10,000 per month under Section 23 of the Domestic Violence Act, terming it as pendente lite (maintenance during litigation).
This was done even after acknowledging that the marriage had been dissolved and declared void. The husband subsequently appealed against this maintenance order, but the lower appellate court dismissed his plea.
Challenging this ruling, Rajeev Sachdeva filed a criminal revision petition before the Allahabad High Court. The matter was heard by Justice Rajeev Mishra, who delivered the verdict on July 9, 2025.
In a detailed judgment, Justice Mishra observed that once a marriage is declared void ab initio, it is treated as if it never legally existed. Therefore, no marital relationship can be presumed from the date of marriage onward.
#AbInitioVoid #FamilyLawIndia
Quoting the legal position, the court ruled:
Since using the declaratory decree, the marriage of the parties has been declared null and void; it shall relate to the date of marriage.
The logical outcome of the same shall be that once the marriage of the parties itself has been declared void ab initio, the subsequent relationship between the parties is of no consequence.”
