maintenance for void marriage

As your marriage itself is void, she is not eligible.

NO.. she can't claim.. Instead u can claim for the cheating by showing proof of bigamy

My advocate says the same but on last hearing it was on evidence and as per applicant it was me who have to submit the affidavits but due to lack of documents O request court for next date so judge it self openly says to girl that " why dont you file travel maintenance under section 24 I wondered how judge become so one sided and asked her when there is no such provision for maintenance under section 11 case as the validity of marriage is questiinable already .. That is the reas9n I am worried

Yes, till the pendency of the case , she has right to claim interim maintence,

@sachin if the case goes in my favour then wll court order for recovery ?? * Its all about section 11 the decision of this case decideds that she is my wife or not

Originally posted by : Mayank Sharma
	@sachin if the case goes in my favour then wll court order for recovery ?? * Its all about section 11 the decision of this case decideds that she is my wife or not

 

The Hon'ble Supreme Court in Ramesh Chandra Rampratapji Daga Vs. Rameshwari Ramesh Chandra Daga  has been pleased to lay down that the maintenance is payable even to the wife in a proceeding under Section 11 of the Hindu Marriage Act.

There is no provision of recovery of maintence once paid. 

@sachin I read it and found that earlier marriage was not concealed and the marotoal life was all about 9 years and an child was born too but in ky case the fact 9f earlier marriage was concealed and only 12 days of metromonial life was there i filled charg3s of bigaym and cheating too the case os totally different sir

I understand the case is different, the basic question was whether she can claim interim maintence or not. The answer is "YES"

And as per critacility of case court will decide further that relif should be granted in favour of her or. Not

GO thru, carefully;

The Hindu Marriage Act, 1955

 

 

24 Maintenance pendente lite and expenses of proceedings. —Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable

 

(i) During the pendency of the divorce proceedings at any point of time if the wife establishes that she has no sufficient independent income for her support, it is open to her to claim maintenance pendente lite

 

 

and then

 

25 Permanent alimony and maintenance .—

 

Since the provision exist by Sec;24 the court can decide.

If you have the evidence of income by spouse then you can appraise the court.

For permanent and periodic maintenance

 

 

`Wife' or `Husband' ; Words should be liberally construed and wife or husband under void or voidable marriage may be entitled to claim maintenance under Section 25(1) of the Act.

The Apex Court has decided and citation is already posted above i.e.

Supreme Court of India

Rameshchandra Rampratapji Daga vs Rameshwari Rameshchandra Daga on 13 December, 2004

Author: Dharmadhikari

Bench: D. M. Dharmadhikari, H. K. Sema

           CASE NO.:

Appeal (civil)  1774-1775 of 1775

 

For permanent and periodic maintenance

Go thru; Sec25

 

`Wife' or `Husband' ; Words should be liberally construed and wife or husband under void or voidable marriage may be entitled to claim maintenance under Section 25(1) of the Act.

The Apex Court has decided and citation is already posted above i.e.

Supreme Court of India

Rameshchandra Rampratapji Daga vs Rameshwari Rameshchandra Daga on 13 December, 2004

Author: Dharmadhikari

Bench: D. M. Dharmadhikari, H. K. Sema

           CASE NO.:

Appeal (civil)  1774-1775 of 1775

 

To pick up relevant points from various prespectives, be properly informed and to have 1st hand feel of the views of courts and Presiding Officers GO thru;

 

Rajasthan High Court

Madan vs The State Of Rajasthan And Anr. on 28 August, 1992

Equivalent citations: I (1993) DMC 71, 1992 WLN UC 322

Author: N Tibrewal

Bench: N Tibrewal

 

7. The marriage may be void, voidable or valid. In case of void marriage, it is void ab initio, but, in a case of voidable marriage, it stands annulled from the date of the decree of nullity which can be passed Under Section 12 of the Act on any of the grounds enumerated therein. If the' marriage is valid, then, the marriage can be dissolved on the petition by the husband or the wife on any of the grounds mentioned Under Section 13 of the Act.

9. It has been contended by the learned counsel for the wife that a term 'wife' in Section 125 Cr. P.C. should be given a wider meaning so as to include therein not only a lawfully wedded wife but also a woman married in fact. It was also contended, that in any case, the marriage in the instant case was not void ab initio and the wife and the non-petitioner may be treated as a divorcee even after the marriage was declared void Under Section 12 of the Act by a decree of nullity. If a divorcee is held to be entitled to the benefits of the section, the wife in the instant case should also be brought under the purview to be entitled to maintenance Under Section 125 Cr. P.C. In my view, this argument cannot be accepted. The right of the wife to maintenance depends upon the continuance of her marriage status and once the status of husband and wife is declared to be null and void, the effect would be the same as in (he case of void marriage Under Section 11 of the Act.

10. The next question that may arise is from what date the order of cancellation should be effective.

 

 

Wife under a void or voidable marriage is also entitled to maintenance and alimony under Section 25 of the Hindu Marriage Act 1955..

And

Delhi High Court

Kuldip Chand Sharma vs Geeta Sharma on 25 February, 1976

Equivalent citations: AIR 1977 Delhi 124, ILR 1976 Delhi 854

Author: B Misra

Bench: B Misra

14… At the present time nobody can be expected to live and make his or her two ends meet on this paltry sum. The court below awarded the amount in view of "potentiality of the respondent to earn" and so she was indeed expected to earn and maintain herself, if she were not to be left to starve to death. The appellant can, therefore, not derive any advantage from the alleged earning of the respondent after he has had the alimony fixed at a low figure. The finding of the court below is affirmed and the contention of the appellant is rejected.

 

 

Ilustrated Allahabad High Court judgment to defeat the claim of OP;

 

Smt.Kiran Dhar vs Alok Berman on 14 May, 2014

Bench: Arvind Kumar (Ii)

 

 

 

 

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

 

 

 

AFR

 

Reserved

 

 

 

Case :- CRIMINAL REVISION No. - 623 of 2007

7. Learned counsel for the opposite party argued that second marriage is void ab initio on the ground of subsistence of first marriage, then this wife is not entitled for maintenance as marriage is void.

 

 29.      In view of Sections 5 (1) and 11 of Hindu Marriage Act and also in view of decision of Apex Court in Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav and another (supra) the marriage between Smt. Kiran Dhar and Alok Berman is void ab initio, and she is not entitled to maintenance.

 

30.       It is also clear from the decision of Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav and another (supra) that even if the second wife (Smt. Kiran Dhar) was not aware of first marriage of her husband with another woman, she is not entitled to any maintenance.

 

31.       In view of the above discussions, this criminal revision is liable to fail, and is hereby dismissed.

 

Order Date :- 14.5.2014 Anupam (Justice Arvind Kumar Tripathi - II)   

 

 

Revisionist :- Smt. Kiran Dhar

 

Opposite Party :- Alok Berman