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Right to claim maintenance and share in property in void marriage


01-Oct-2023 (In Family Law)
if a hindu wife 'A' is married to a hindu boy 'B' and if the marriage was registered as valid marriage anyhow and later on it's validity was questioned in the court through petition by the 3rd party whose rights were been affected respectively and court finds after verification that marriage between A and B was void under sec 5(5)of hindu marriage act(sapinda- relationship), so Ques.1 - would the child from such void marriage under sec5(5)of the HMA will get the maintanence or any share in B's(father of child )seperate property or in ancestral property ? Ques-2-would A(Wife)will get maintenance or share in B's(husband)seprate property or ancestral property? under what section child and wife would get maintenance and share in property Ques-3- would the marriage registrar will be responsible for registering void marriage to be valid or the parties to marriage means A and B will be made responsible for that? please suggest accurate answer to this question as soon as possible? thankyou
Answers (1)

Answer #1
534 votes
Such child is not entitled to inherit the ancestral property of B. Under section 16 of the Hindu Marriage Act, he has been extended the only right to inherit the property of his parents, and no other property. As regards to Maintenance, he is entitled to claim maintenance for his subsistence fromB.

Ans2. wifenof void marriage is entitled to get Maintenance under section 18 of HAMA and son can seek maintenance under section 125 crpc.

Ans.3 a and b are responsible and not the Registrar.

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