caps (x) 20 June 2016

Null & void marriage & maintenance

Does the husband have to pay alimony and/or maintenance in case of null & void decree in favour of husband? Please be specific about both the sections.

Can the husband claim refund of alimony pendentelite or maintenance u/s125 already paid by him during the court cases?

thanks.

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4 Replies

saravanan s (legal advisor) 20 June 2016

Yes and no is the answer

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caps (x) 20 June 2016

Even if the marriage is decleared null & void ? Filed on non-consumation ground by husband. Please elaborate.

Mukesh sharma (job ) 21 June 2016

Hi if their marriage null and not valid than no need to pay any maintaince........

he woman has, after the date of such divorce, remarried, cancel such order as from the date of her remarriage;

(b) the woman has been divorced by her husband and that she has received, whether before or after the date of the said order, the whole of the sum which, under any customary or personal law applicable to the parties, was payable on such divorce, cancel such order,-

thanks