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(Guest)

Marriage registration

hello everyone i am a law student at nlu.

my issue is that  when a wife claims maintenance under section 125 cr.pc then on what basis court confirms that yes she is the legally married wife of the husband.. i think it is confirmed by their registered  marriage certificate .

what are the probabilites we can assume that in poor villages marriages would be registered for claiming maintenance and like in the case of smt. sarla v. mahendra kumar woman gets maintenance this is the case of nagaur rajsthan. so what are the probabilites of their marriage being registered....

    so can maintenance order can be quashed  if marriage is not registered ?

     if still a woman can get maintenance without registration of marriage then wouldn't it defeat the purpose of        registration of marriage act

please provide a sound and resonable answer .. i appreciate your replies.. thank you.



Learning

 2 Replies

SHAILENDRA SRIVASTAVA (MANAGING PARTNER)     26 September 2011

WHEN THE CASE FILED BY WIFE U/S-125 THE NOTICES HAS TO BE ISSUED IN ANY CASE TO THE HUSBAND,WHEN HUSBAND APPEARS AND CONTEST THE CASE IT SEEMS THAT BOTH ARE  LEGALLY WEDDED. HOWEVER WHEN HUSBAND DISPUTES THE RELATIONSHIP THEN ONLY COURTS DEMAND THE EVIDENCE OF MARRIAGE. SEEING THIS THE MARRIAGE REGISTRATION HAS BEEN MADE COMPULSORY FOR EVERYONE.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 September 2011

Also, normally for interim maintenance, an affidavit from wife is enough about the marriage.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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