EFFECT OF ASSENT FOR SECOND MARRIAGE in 125 Cr.P.C.

Arvind Singh Chauhan (Querist) 27 April 2010 This query is : Resolved
One lady due to her infertility assented in plane paper that her husband can perform his second marriage. Later on she was neglected and ill treated by her husband and other family members, due to which she had to left her home and came to her parents. After a long gap she filed application under 125 Cr.P.C.

Sir whether her assent on plane paper may be a hurdle in claiming maintenance?

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Suryanarayana Tangirala (Expert) 27 April 2010
No bar she can claim maintenance her assent will not be an hurdle to her right for seeking maintenance.

Raj Kumar Makkad (Expert) 27 April 2010
She not only can get the maintenance allowance but can also initiate various other actions like petition under DV act containing right to residence, maintenance, preserving the property etc.

Arvind Singh Chauhan (Querist) 27 April 2010
Thanks to all my seniors for support.

Guest (Expert) 03 May 2010
NANDKUMAR B.SAWANT.M.COM.L(MUMBAI),ADVOCATE
MOBILE.9271971251

e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE MAINTAINENCE KINDLY NOTE THAT

1 THE FIRST WIFE IS ENTITLED FOR ALL LEGAL RIGHTS OF A MARRIED WOMAN.
A)SHE CAN CLAIM MAINTAINENCE UNDER SE-125
OF CRIMINAL PROCEDURE CODE AND
B)MAINTAINENCE UNDER HINDU ADOPTION AND MAINTAINENCE ACT SEC.18 AND 20 AND OTHER PROVISINS.
C)MAINTAINENCE AND SHARE IN HER MATRIMONIAL HOME AND PROTECTION ORDER FROM THE COURT UNDER PROVISIONS OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT SEC.12 AND OTHER PROVISIONS.
D)SHE MAY FILE A POLICE COMPLAINT AGAINST THE OTHER SIDE FOR MENTAL AND PHYSICAL CRUELTY UNDER SEC.498 A AND OTHER PROVISIONS OF INDIAN PENAL CODE.

YOU MAY WRITE OR CALL FOR ANY FURTHER HELP.
THANKS.

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