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Discussion > Family Law > can a wife of void marriage claim maintenance????/   Unanswered Threads Post New Topic

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There are 13 Replies to this message


Ajay


owner
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Posted On 24 April 2011 at 20:39 Report Abuse

can a wife of void marriage claim maintenance???? i mean second wife??? plz rply as soon as u cn URGENT!!!!! if u cn post sme authority or any case law..



Om Prakash Dhusia


HR assistant
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Posted On 24 April 2011 at 21:30

Dear friend, if you claim to have second wife without divorcing the first and a non-muslim, it is regarded as ADULTRY.Dont fall trap to your own statement please.

At the onset, let her prove that she is your legitimate wife and you contest and prove the adverse but I can can not give you citation of any case because it is not as simple as writing a question.


arvind


advocate
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Posted On 24 April 2011 at 21:38

She can't claim under 125 Cr.P.C . Find the attachment if case fits accroding to conditions given in Para 33 of the judgment, she can claim under DV Act.


Ajay


owner
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Posted On 24 April 2011 at 21:39

sir ji its an moot court problm......thnx for d rply but thoda late kiyaa i got d citations on net of 2008 ...


arvind


advocate
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Posted On 24 April 2011 at 21:41

Sorry I forgot to attach find here-




Attached File (downloaded 131 times) :

Total thanks : 1 times

Ajay


owner
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Posted On 24 April 2011 at 21:45

chck out d moot court problm posted by me to hv a clead cut idea of d facts....


Avnish Kaur


Consultant
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Posted On 24 April 2011 at 23:51

yes , she can depends on circumstances of the case.

please give more details.

in case she was not aware of the fact of her getting married to a man with existing valid marriage she can definitely get maintenance.


Jamai Of Law


propra
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Posted On 25 April 2011 at 00:38

If  wife is a victim/wronged party in void marriage due to wrongdoing of counterpart (e.g. husband does  another marriage even though earlier marriage still still survives legally )......... then YES.

 

Such victim should get huge maintenance.

 


Jamai Of Law


propra
[ Scorecard : 2062]
PRO CHAT CALL
Posted On 25 April 2011 at 00:40

If  wife is a victim/wronged party, in void marriage, due to wrongdoing of her counterpart (e.g. husband does  another marriage even though earlier marriage still survives legally )......... then YES.

 

Such victim should get huge maintenance.

 


Om Prakash Dhusia


HR assistant
[ Scorecard : 1266]
PRO CHAT CALL
Posted On 25 April 2011 at 19:05

Dear Ajay, if you got the answer to your question, then please leave this topic without THANKS now because you are not going to contribute anything positive to the masses but would generate an un-necessary debate.



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