Order Declaring Marriage Null & Void Relates Back To Date Of Marriage, No Liability To Pay Maintenance Arises: Allahabad High Court

The Allahabad High Court has held that once an order declaring a marriage null and void has been passed under Section 11 of the Hindu Marriage Act, it dates back to the date of marriage. In such case, the husband is not liable to pay maintenance to the wife.In the case at hand, the parties got married in 2015 but due to differences and discord the wife lodged an FIR under Sections 498A, 406, 313, 354(A)(1), 509, 323, 34 IPC. She subsequently lodged another FIR under Sections 451, 323, 34 IPC. During the hearing of the anticipatory bail application filed by the husband and his family members, the fact that the wife had a first marriage came to light. Since the wife first denied and later admitted to her first marriage, the Trial Court noted that the wife had not approached the Court with clean hands.Thereafter, the wife lodged a case under Section 12 and 23 of the Protection of Women from Domestic Violence Act, 2005. During its pendency, the husband filed an application under Section 11 of the Hindu Marriage Act seeking declaration of the marriage as null and void. Wife filed an application under Section 24 seeking maintenance and litigation expenses.Once the Section 11 application was allowed, the wife filed an appeal which was ultimately dismissed as withdrawn. However, Rs. 10,000/- per month pendente-lite was awarded to the wife in proceedings under Section 23 of the DV Act, despite recording a finding that the marriage was dissolved. Appeal filed by the husband against the order of maintenance was dismissed by the Court below. Thereafter, the husband filed a criminal revision before the High Court.The Court observed that the second marriage was solemnized while the first marriage was subsisting. It held that polygamy is not permitted by law. It further observed that though the order declaring marriage between parties null and void was challenged by wife, she later withdrew her appeal and thus that order had become final. Justice Rajeev Misra held,“Since by means of the declaratory decree, the marriage of the parties has been declared null and void, it shall relate back 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. As such, the factual position, which has emerged on record is that there is no relationship between the parties in terms of Section 2(f) of the Protection of Women from Domestic Violence Act, 2005 since 21.11.2021.”Accordingly, the Court held that the impugned order granting maintenance was liable to be set aside. Case Title: Rajeev Sachdeva v. State of U.P. and Another 2025 LiveLaw (AB) 253[CRIMINAL REVISION No. - 1351 of 2023]Case citation: 2025 LiveLaw (AB) 253Counsel for Revisionist : Nipun Singh, Sumit SuriCounsel for Opposite Party : Arvind Kumar Trivedi, Balbeer Singh, Dhruv Kumar Dhuriya,G.A.,Saurabh ShuklaClick Here To Read/Download Order

Order Declaring Marriage Null & Void Relates Back To Date Of Marriage, No Liability To Pay Maintenance Arises: Allahabad High Court

Upasna Agrawal

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