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Ram Singh (Business)     21 August 2015

Meaning of 'wife' under crpc 125

Is a lady who has merely 'married' under special marriage act but never stayed with her 'husband', per her own admission, entitled to maintenance under CRPC 125?


Note: There is a case of Nullity of Marriage pending in ADJ Court



 3 Replies

saravanan s (legal advisor)     21 August 2015

yes she is eligible for maintenance 


(Guest)

No proper definition of wife under Indian law.  Almost all aspects are ill-defined.  Both have chance to use loop holes.

SAINATH DEVALLA (LEGAL CONSULTANT)     21 August 2015

You can apply for annulment of marriage within period of one year of marriage . Section 25 of SMA provides that . Voidable marriages..Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity if, the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage; However annulment of marriage may take more than 5 months .

But the award of maintenance is the same as in other marriages.U have to pay maintrnance.


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