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Dar Mohsin (Advocate)     16 September 2017

Whether interin maintenance can be granted to a wife in case of the issue regarding her subsisting of marriage ?

A girl run away and solemnized marriage with a person at temple due to which to she is unable to prove the subsisting of her marriage in the court of law. She has filed a case of domestic violence against her husband and also an application for interim relief. Is there any judgement declared by the court in which it has been declared that A WIFE IS ENTITLED TO GET ALL BENEFITS INCLUDING INTERIM UNLESS HER MARRIAGE IS DECLARED VOID ? If yes then give the reference of judgement plzzz



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 9 Replies

sai narayana   18 September 2017

Yes she is very much entitled to. For these situations I mean where the marriage validity itself is in question, the maintenance udner CrPC 125 is the best of course of action.

1 Like

Dar Mohsin (Advocate)     18 September 2017

can u plzz give me the reference of any judgement on this point

Adv Radhika Mehta (Advocate)     19 September 2017

Just because the marriage was solemnized in a temple, does not mean that the marriage is void.  Is the other side challenging the contention of marriage?

1 Like

sai narayana   19 September 2017

For a marriage under Hindu Marriage Act Saptapadi is compulsory without which it can't be called as marriage so it's just a living relationship. So maintenance under Hindu mariage act is uncertain.

So the best choice is Crpc 125. Go through the below link for reference.

https://www.advocatekhoj.com/library/judgments/index.php?go=2010/october/13.php

1 Like

sai narayana   19 September 2017

This link also useful for you.

https://www.livelaw.in/a-victim-of-bigamous-marriage-is-entitled-to-maintenance-rules-supreme-court/

1 Like

Dar Mohsin (Advocate)     20 September 2017

Yes @ Radhika Mehta

Adv Radhika Mehta (Advocate)     22 September 2017

Were they no witnesses present at the time of marriage? Any subsequent event which can help you corroborate your story? 

Dar Mohsin (Advocate)     26 September 2017

Yes @ Radhika Mehta......We have lot of  witnesses but merely to prove this point that both the parties were living jointly in a single home upto 6 months. But, there are no witness regarding the solemnization of marriage because the girl was taken by her husband in an unknown place where they solemnized marriage....

Adv Radhika Mehta (Advocate)     27 September 2017

The fact that you lived together is normally sufficient to establish the factum of marriage but 6 months is too short a duration to establish that. Your husband is challenging the very validity of your marriage or seeking orders to nullify the same??


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