SAPINDA marriage

Yes. Illegal.

No.  Even then it is illegal.  But the marriage is registered on false declaration that both the parties are not sapindas to each other.  It amounts to "perjury" and action can be initiated for perjury.

First a party has to seek the the declaration of void marriage and the marriage would be declared void marriage.  The parties can be punished for one month imprisonment or Rs.1000/- penalty under Section 18(b) of the Act.  It cannot be said precisely that the wife is not entitled to maintenance even though there is a scope to argue on that line. 

Thanks for the insight ... another few queries ..

Which court decides on the quantum/choice of punishment (imprisonment or fine) in the light of new facts being presented before it? Is it the same family court where the case could be ongoing, or it directs this to a different court?

Can those new facts influence decision on quantum of  maintenance (this one is a Cr PC 125 case filed by wife)?

1. The same court takes into account the new facts presented before her.
2. It depends ont he new facts to influence decision on quantum of maint.
3. S. 125 CrPC is filed by wife / children and parents and not by Husbands.
4. If Order on maint. announced and new facts were not taken into reasoning by the Judge then Appeal in 30 days before Sessions Court and or Revision in 90 days before HC whichever is appropriate after discussing further with your Advocate.
Rgds.

1. Yes. Family court.

2.  If the court comes to decision that she is entitled to maintenance, then this fact does not alter court's mind in fixing the quantum of maintenance.

@D Arun Kumar @Prabhakar ... thank you so much for answering the queries.