Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Stay orders on maintenance case against null and void case

(Querist) 29 May 2014 This query is : Resolved 
Respected Experts...

I filed in family court against my wife u/s 12 (1)(a) in Hindu marriage Act on 25 . 03 . 2011 stating that marriage is null and void because of my wife may suffering from temporary or curable impotence and no conjugal bliss from her in which she stayed only 15 days from time of the marriage date. i.e. 15 . 10 . 2010 to 31 .10 . 2010. She left the matrimonial home on 31 .10. 2010 and never returned back till now.

On 12.04.2012 my wife filed for maintenance case as per section 125 crpc against me in the same court. Now the case is at the stage of filing evidence affidavits.

Now my question is... As basing on some citations of supreme court and some other high courts, Can I file for stay petition on maintenance case which she filed to stop the process because when marriage is null and void then wife is not eligible for maintenance, so untill null and void case get declared there is no question of maintenance... Can I file for stay petition on maintenance using these petition and counter copies..

Please help me...
Devajyoti Barman (Expert) 29 May 2014
The maintenance is permissible even if the marriage is declared as null and void.

Stay petition will be of no help/
Rajendra K Goyal (Expert) 29 May 2014
Maintenance is to be paid, agree with the expert.
ajay sethi (Expert) 29 May 2014
you have to pay maintenance even if marriage is declared as null and void
Sankaranarayanan (Expert) 29 May 2014
NO more details to be required for your query
R.K Nanda (Expert) 29 May 2014
agree with experts.
Sudhakar (Querist) 22 June 2014

A wife who deserts her husband without any just or sufficient cause is not entitled to any maintenance, the Bombay high court ruled on Saturday i.e. on Feb 1st 2014 by .Justice Abhay Thipsay of the Aurangabad bench of the high court recently allowed an appeal filed by a man challenging the proceedings initiated by his estranged wife before the lower court seeking maintenance.

Does Respected Experts aggree to my question before which I filed.



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