Marriage declared null & void, but wife can still claim maintenance under Domestic Violence Act: Bombay HC
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This reaffirms that annulment does not dilute a woman's rights under protective legislation.
Justice Urmila Joshi-Phalke dismissed a criminal revision plea filed by a Jaripatka-based private sector employee, who challenged the lower courts' decision ordering him to pay ₹5,000 in monthly maintenance, ₹2,000 in house rent, and ₹50,000 as compensation to his estranged wife. The man contended that since his marriage was annulled ex parte by a family court in 2017, the woman ceased to be his wife and was therefore not entitled to maintenance.
Rejecting this argument, the court observed that the family court's decree of nullity was passed without the wife's presence and was based entirely on unsubstantiated claims made by the petitioner. "When a husband levels serious allegations of such a nature, the onus on him is very heavy," Justice Joshi-Phalke noted, adding, "in ex parte proceedings, the plaintiff retains the burden of proof".
The man alleged that the woman concealed a prior relationship before marriage on November 6, 2016, and used this claim as basis for annulment.
However, the court found his statements vague and without corroboration. "He neither examined any witnesses nor produced any solid proof. His evidence is not specific," the judge remarked.
The woman had moved a complaint under the Domestic Violence (DV) Act in Katol magistrate court, citing mental abuse, insult, and restrictions imposed on her communication with her parents. She said she was forced to leave the matrimonial home and return to her parental house due to mistreatment, and since no provision for her maintenance was made by her husband, she was entitled to relief under DV Act.
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The high court affirmed the earlier rulings of the magistrate and sessions courts, upholding her entitlement to maintenance despite the annulment. "Considering the fact the wife has no source of income to lead her life, the family court granted compensation. I do not find any illegality in the order," Justice Joshi-Phalke concluded.
Key Takeaways from Bombay High Court Ruling:
Ex parte annulment based solely on vague or unsubstantiated claims carries limited legal weight
Burden of proof lies on husband in such cases, particularly when making serious allegations
Relief under Domestic Violence Act is not contingent on legal status of marriage
Protective legislation remains applicable if evidence of abuse or abandonment is credible
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