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Arvind Singh Chauhan (advocate)     27 April 2010

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

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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 4 Replies

Swami Sadashiva Brahmendra Sar (Nil)     27 April 2010

No.

Pankaj Mehta (Advocate)     27 April 2010

definately, there is no bar for getting maintenance in such case, consent is on plane paper or duly stamped, is not material as there is nothing to be deal with question of consent, adjudication is to made on whether the wife has been illtreated and she is not having sufficient means to maintain her, infertility is not a clog to getting him infringed of her right of maintenance.     

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     27 April 2010

Such lady is fully entitled to claim mentenance.


(Guest)

It is not only that she is entitled to maintenance, she can also file a "bigamy" case against her husband because her consent cannot give him power to over-ride the statutory provision.  It is most unfortunate, in India, in the name of wife's infertility, man goes for another marriage without sanction of the statute.


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