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Can wife claim maintenance after marriage being null & void


21-Jan-2023 (In Family Law)
Dear sir my question is that whether wife is entitled to get maintenance after being the marriage null and void?
Answers (3)

Answer #1
912 votes
Once the marriage has been declared as null and void the wife can't claim maintenance. For getting maintenance there must be legal and valid marriage. Law is very clear on this point. Wife is entitled to maintenance no other lady can get maintenance
Answer #2
693 votes
Where a marriage is void, wife cannot claim maintenance u/s 125 crpc. However, it is generally accepted rule that even in such cases, wife is entitled to maintenance u/s 18 of Hindu Adoption and maintenance act and also u/s 24 of Hindu Marriage Act.
Answer #3
844 votes
Hi,
In the response of your quiry, if a woman claims maintenance, as wife and marriage is declared null and void then she has not any right to maintenance....you can file a divorce petition with in one year for declaration ...

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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