Husband-wife relation continue unless declared void under law: HC

Allahabad, Nov 27 (UNI) Allahabad High Court today ruled unless a marriage is held void by a competent court of law, the husband-wife relationship would continue.

Besides, the spouse not having sufficient source of income would normally be entitled for interim maintenance, as well as litigation expenses.

A division bench comprising Justices V M Sahai and Sabhajeet Yadav quashed the order of Allahabad family court judge, by which the family court had rejected the application of Kavita Gupta (wife) for grant of interim maintenance.

The family court was of view that in a proceeding under section 12 of the Hindu Marriage Act for declaration of marriage rull and void, an application for interim maintenance is not maintainable.

The order was passed on an appeal filed by Kavita challenging the family court order of May 20, 2006.

UNI XC VS RP RAI2024