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Maintenance and residential right in dv case


04-May-2024 (In Divorce Law)
My first divorce is on notary paper and know I filed a dv case against my second husband and my second husband want divorce and his advocate says my second marriage is null and void so how can I get maintenance from second husband and in case of divorce suggest some way by which I can get alimony but divorce is last option firstly I don't want divorce
Answers (2)

Answer #1
604 votes
divorce from 1st husband is only valid if the court has passed divorce order/decree. If there is no court order of divorce in respect of 1st marriage, then your 2nd marriage is not valid. You will not be entitled to any maintenance from 2nd husband. Also, please note that your 2nd husband can file a criminal case against you under section 494 IPC (Bigamy) on the ground that you have not informed your 2nd husband about your 1st marriage.
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Advocate Shreyas Jain

Adv. Shreyas Jain

LawRato Mumbai | 100+ Answers
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Answer #2
887 votes
There are ways to get alimony. However, it is important to know the stage of your DV case. Also unless you get divorce from your earlier husband your second marriage is void. For seeking any further legal advice feel free to contact me.
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Advocate Prerna Shukla

Adv. Prerna Shukla

LawRatoMumbai | 700+ Answers
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