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rajendra (na)     01 May 2014

Annulled marriage and maintenance

Hello All,

If the husband files annullement of marriage under section 12 a(impotency)ground 

 

1.is it possible for wife to file crpc 125 

2.is it possible file for HMA24 maintenance

any other maintenance or alimony ?

Kindly suggest



Learning

 5 Replies

Shantanu Wavhal (Worker)     01 May 2014

1. yes

2. yes


other suggestion : be ready to PAY

Solomon Raju (Advocate High Court of A.P.)     01 May 2014

yes you are bound to pay maintenance....

Biswanath Roy (Advocate)     02 May 2014

Unless the facts contained in the alleged application of annulment is disclosed the appropriate opinion cannot be given.

Shantanu Wavhal (Worker)     02 May 2014

Originally posted by : Biswanath Roy

Unless the facts contained in the alleged application of annulment is disclosed the appropriate opinion cannot be given.

no matter what the facts are.

the wife is entitled to get maint. u/s 24 till disposal of the case.


Voidable marriages are different from Void marriages.

unless & untill annulled, a voidable marriage is VALID marriage for all the purposes.

T. Kalaiselvan, Advocate (Advocate)     02 May 2014

While yes is the answer for both your questions, I would like to add that:

The doctrine of interim maintenance  u/s 24 of HMA is based on economic guardianship and the object of setion 24 in this regard to administer the justice after bridging economic gap wherever necessary between the parties.  Section 24 does not carve out an exception for the petition filed under Section 11 of HM Act. This is a beneficial legislation which covers a party who is not possessed of sufficient means for his/her maintenance and to bear the expenses of litigation. the purpose behind section 24 is to provide immediate necessary financial support to the party in the matrimonial proceedings who has no sufficient means to maintain herself or to bear the expenses of the case. Object of section 125 Cr.P.c. is to save the wife, children and parents from starvation. Section 24 of HMA do not stand in the way of magistrate granting relief u/s 125 of Cr.P.c. and same applies vice versa.  Section 24 of HMA and section 125 of Cr.P.c. are not alternative but concurrent and optional to the party entitled to make avail thereof.  Both powers are discretionary in nature.


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