Required guidance
Arvind Singh Chauhan
(Querist) 20 August 2013
This query is : Resolved
Sir,
Regarding my earlier query as, illegal wife having previous husband not entitled to maintenance under Sec 125 Cr.P.C. from her second husband.
With your guidance and blessings I am confidant that I will succeed in the case of 125.
But mean while another magistrate trying the case of 498 A on the instance of that wife against husband has convicted husband. Copy of judgment has been filed by wife in the proceeding of 125. Ground of conviction is, cruelty is proved and "WIFE" has been admitted through an old affidavit filed by husband in which it has been written " We the parties who are husband and wife" and there is signature of husband.
Sir what may be the impact of this judgment and how should I handle this situation.
THANKS
Shonee Kapoor
(Expert) 30 August 2013
The said judgment does not sound sustainable. If the wife was not having the capacity to enter the marriage being previously married.
I also don't think that if the same is brought to the knowledge of the court, any maintenance should be granted. If need challange the very institution of proceedings.
Though in one another similar case in my knowledge, the trial court has not accepted such arguments and the case is in revision
Regards,
Shonee Kapoor
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