Legal Question in Family Law in India

Divorce Decree/Maintenance

Mine is second time marriage. This is first marriage for my husband. I have done 498 and maintenance case on my husband. I didnít take court decree from my first husband coz it happened only within 6 months. It was on the stamp paper by mutual consent. My first husband is married to another and in US. Doesnít that mean that my second marriage is null and void and I am not entitled for maintenance and 498 doesnít applicable to my husband and his family. I have a kid of 2.9 yrs old.

Marriage date: - 14-Feb-05

Child Birth: - 17-Nov-05

Left my husband house: - 25-02-07

Please help me in this regards.

Thanks in advance.

Asked on 9/09/08, 8:54 am

3 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Divorce Decree/Maintenance

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Answered on 9/10/08, 8:02 am

Satyajit Patra Satyajit Patra

Re: Divorce Decree/Maintenance

As per HMA,1955 both the marriages i.e. your marriage and your first husband's marriage both are void as no proper decree has been obtained.

It is not clear against whom you have filed 498. If it is against the First husband it can be maintainable.

The maintainance will be paid till the spouse remain un married. Where it is shown to the court the malafide intention of the applicant claiming maintenance the Court may take adverse remarks.

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Answered on 9/09/08, 12:12 pm
Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

Re: Divorce Decree/Maintenance

No, your second marriage is NOT void for the purposes of maintenance, 498-A and/or DVA. you are entitled to maintenance for yourself and, if the child is from your second husband, also for your child.

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Answered on 9/09/08, 4:50 pm

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