Sweta Jaiswal v. State of U.P. and Another, 2025
The Court protects the legal and financial rights of women, especially when they are left vulnerable by deceptive marital conduct.
Judgement Details
Court
Allahabad High Court
Date of Decision
26 September 2025
Judges
Justice Rajiv Lochan Shukla
Citation
Acts / Provisions
Facts of the Case
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The wife (revisionist) filed an application for maintenance under Section 125 Cr.P.C.
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The Family Court denied her maintenance, claiming she was living separately without reasonable cause.
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The husband had concealed a previous marriage and divorce.
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The Family Court relied on Section 12 of the Hindu Marriage Act, suggesting the wife could have had the marriage annulled and hence was not entitled to maintenance.
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The wife challenged this decision before the High Court.
Issues
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Whether a wife can be denied maintenance on the ground of fraud in marriage (concealment of prior marriage)?
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Whether the right to maintenance ends if the marriage is voidable but not declared null by a court?
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Is the Family Court justified in applying Section 12 to deny maintenance when no decree of nullity exists?
Judgement
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The High Court set aside the Family Court’s order.
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It held that a voidable marriage continues to be valid unless it is annulled by a decree of nullity.
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Since no such decree was obtained, the wife retained her legal status and thus was entitled to claim maintenance.
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The matter was remanded to the Family Court for reconsideration.
Held
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The Marriage remains valid unless and until a decree of nullity is obtained.
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The denial of maintenance by the Family Court was illegal and perverse.
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A mere possibility of annulment cannot affect the wife’s legal rights.
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"Unless and until, a marriage, which is voidable, has been declared a nullity by a decree, the status of the revisionist as the legally wedded wife of the opposite party No.2 persists and all the rights that flow from the same continue." the court observed.
Analysis
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The judgment emphasizes the importance of a formal decree for annulling a voidable marriage.
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The Court protects the legal and financial rights of women, especially when they are left vulnerable by deceptive marital conduct.
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It prevents misuse of technical legal arguments (like potential annulment) to deny basic rights such as maintenance.
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It reinforces that Section 125 Cr.P.C. serves a social welfare purpose and should not be defeated by assumptions.