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Case 125 (3)

(Querist) 13 February 2018 This query is : Resolved 
The marriage was solemnized on 17th Jan 15, was declared void by degree on 2nd Nov 2017 (by family court Indore) Meanwhile lady had field case u/s 125 and got order(ex parte) on 10th July 17 by family court Surat where she stays. After that she filed recovery suit u/s 125 (3). What should be my approach for:

1. Which court I will have to approach.
2. Should I approach high court Ahmadabad for with copy of void degree to quash order.
3. Should I approach court hearing 125(3) application with copy of void decree and request them to take cognizance of this issue.

Do guide me.
Vijay Raj Mahajan (Expert) 13 February 2018
You have to pay the by maintenance due that was awarded under S 125 Cr. P. C. For getting the order u/s 125 set aside after getting marriage declared null and void you have to move same court that allowed maintenance to the lady unless the order for maintenance set aside you'll have to continue paying her the amount.
Vijay Raj Mahajan (Expert) 13 February 2018
You have to pay the by maintenance due that was awarded under S 125 Cr. P. C. For getting the order u/s 125 set aside after getting marriage declared null and void you have to move same court that allowed maintenance to the lady unless the order for maintenance set aside you'll have to continue paying her the amount.
DEFENSE ADVOCATE.-firmaction@g (Expert) 13 February 2018
Even for a null and void marriage you have to pay maintenance till she marries again.
Guest (Expert) 13 February 2018
Rightly advised by Mr. Vijay Raj Mahajan.
Kumar Doab (Expert) 13 February 2018
Your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record..must have already advised you as above by Mr. Mahajan, Defense Advocate.


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