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maintenance in a void marriage
1 year ago
one of my friend filed a petition to declare his marriage null and void under HMA 11 because after one year he got to know that her wife was already a married woman, she was separated from her previous husband and didn't take a legal divorce, my query is that after his marriage declared null, will that wife entitled for maintenance?
A.Dear client the right of the wife to maintenance depends upon the continuance of her marriage status and once the status of husband and wife is declared to be null and void, the effect would be the same as in (he case of void marriage Under Section 11 of the Act. The court held that nullity or annulment of marriage does not preclude the lady from claiming maintenance under Section 125 of the Cr. P.C. In the event that the marriage is annulled or declared null and void due to the husband's misbehaviour or wrongdoing, he must pay maintenance under Section 125 of the CrPc
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