A wife from a void marriage cannot claim maintenance under Section 125 of the Criminal Procedure Code but a wife from a voidable marriage can claim it.

Voidable Marriage under Hindu Marriage Law

Last updated on May 26, 2022

A Hindu marriage becomes voidable in the following situations:

  • One of the spouses is impotent.
  • If the conditions for marriage have not been fulfilled. Before 1978, a guardian had to give consent on behalf of the child getting married. The reason this practice was not followed after 1978 is due to the implementation of the Child Marriage Restraint (Amendment) Act, 1978.
  • At the time of marriage, the woman was pregnant by some person other than the spouse.
  • In cases where the consent was obtained by fraud or force.

If one of these conditions are fulfilled, you can go to Court to annul your marriage.

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