Mukesh Burnwal 28 July 2022
I was married to someone but after a few months, I got to know that she was already a married woman. then I filed a case of nullity. I just want to know that although she will be no more my wife after nullity is declared by the competent court, whether she will be entitled to maintenance as she lived with me for almost one year in domestic relation
angel veenie fernandes 30 July 2022
Respected sir,
According to Sec 11, of the Hindu marriage act, any marriage solemnized after the commencement of the act shall be null and void if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5. As per the facts being stated by you, your wife did not disclose the fact that she was already married. This itself results in a fraudulent or misrepresentation of facts. Thus, the marriage will be declared null under Sec 11. Furthermore, you can prove your consent was obtained by fraud by concealing material facts of the previous marriage. You can claim for divorce under sec 13. In a similar case of Asha Rani vs Gulshan Kumar, the court declared the marriage void. On the wife’s plead for maintenance the husband proved that the material fact of her previous marriage was concealed.
Hence sir, in such a matter you will surely not be entitled to maintenance for your wife.
For better understanding and legal advice kindly approach a lawyer.
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