Azizur Rahman 02 February 2016
A muslim female married to a non-Muslim male in a temple by her own will. Afterwards, she married to a muslim male by a forge name without any divorce from earlier husband. Now, the condition is that she has two baby children. Muslim man knew about her earlier marriage alongwith her fraud and denied to keep her together. Now, she has filed a maintenance case under 125 CrPC. Can the female lady and these childrens get maintenance? Please, suggest me. It will be highly appreciated.
Azizur Rahman 02 February 2016
She has filed 125 CrPC against husband no 2. The children were born after the marriage with muslim male.
So, Can the female lady and these two childrens get maintenance from muslim male from any law? Please, suggest me. It will be highly appreciated.
Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 02 February 2016
Since the first marriage was between individuals of two different religions, it would be governed by the special marriage act. There is a proper procedure to be followed as per the provisiions of that act. In case the marriage weas simply solemnized at the termple, then the same is not a valid martiage. Hence in the absence iof the first marriage being invalid, the second marriage now becomes enforceable and finds validity in the eyes of the law.
Maintenance is very much awardable.
Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 02 February 2016
If children are born from the second huband, then only he is liable to maintain them.
dr g balakrishnan (advocate/counsel supreme court) 03 February 2016
fact is when second husband knew she was having a child by her earlier marriage he has admitted that fact; so he has to pay u/s 125 of cr.p.c. whatever she is fraudulant or not.
Husbands cannot play on women as they want, thart way women are protected under womens Act.
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