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for annulment of marriage maintenance can be asked


22-Aug-2023 (In Divorce Law)
Husband file for marriage cancellation u.s.24/25 of spl.marriage act .due to marriage was not consumed in one year.ground is null and void.before LD A.D.J. at barrackpore court after three month wife file 125cr.p.c.for maintaince before 6th j.m. at Alipur court .maintainance will be allow or not?
Answers (3)

Answer #1
943 votes
Wife should file two cases
1. Restitution of conjugal rights
and
2. Maintenance case u/s 125 stating husband deliberately avoided in maintaining wife and was torturing mentally.
Detailed discussion is necessary.
Answer #2
587 votes
A Hindu wife is entitled to maintenance if she lives separate from her husband for a justifiable cause like husband’s desertion, cruelty , leprosy, another wife is living, concubine, conversion or any other justifiable cause.

No wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her, husband, or if they are living separately by mutual consent

If court satisfied for your grounds then maintenance will be allow.
Answer #3
823 votes
In the absence of any valid decree of nullity or the necessary declaration the court will have to proceed on the footing that the relationship between the parties is valid marriage.
Deoki Panjhiyara Vs. Shashi Bhushan Narayan Azad & ANR.
[Criminal Appeal Nos.2032-2033 of 2012 arising out of SLP (Criminal) Nos. 8076-8077 of 2010]

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