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regarding maintenance in a void marriage


22-Jul-2023 (In Divorce Law)
one of my friends 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?
Answers (5)

Answer #1
546 votes
no when married is declared null and void you don't have to pay for maintenance to your wife u go for annulment of marriage for decree of nullity for further information please free to call me so that I can guide you in proper way
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Advocate Anupama Sharma

Adv. Anupama Sharma

LawRato Delhi | 200+ Answers
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Answer #2
678 votes
No, where marriage is declared null and void, it means that there never was a marriage to begin with. therefore the lady does not acquire the rights of a wife. in this case, the lady already has a marriage subsisting with her previous husband. She cannot claim or is entitled to maintenance after her marriage is declared null and void.
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Advocate Kunal Seth

Adv. Kunal Seth

LawRatoDelhi | 700+ Answers
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Answer #3
622 votes
Hi Maintenance is only granted to a wife. In this case if the marriage in itself was null and void, there is no question of maintenance. Please feel free to get in touch to discuss further. Regards Adv. Abhinav Sharma
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Advocate Abhinav Sharma

Adv. Abhinav Sharma

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Answer #4
951 votes
If you have evidences that your wife was already married and she did not take her legal divorce then your current marriage itself is void ab initio …because the marriage itself is illegal therefore she is not your wife and she is not entitled for any kind of maintenance whatsoever ….thank you and be in touch
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Advocate D. Khan

Adv. D. Khan

LawRatoDelhi | 1000+ Answers
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Answer #5
929 votes
Hi No, maintenance is only applicable in cases where the marriage is valid. In fact, this is a clear cut case of bigamy which is punishable under law. You need to file a petition to declare your marriage void or annulled. Thanks
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Advocate Malini Jain

Adv. Malini Jain

LawRatoMumbai | 50+ Answers
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