Legal Question in Family Law in India

Maintenance/ Divorce Decree

Two different opinions have come so just giving more clarity.

Please reply.

Mine is second time marriage. This is FIRST time marriage for my second husband. I have done 498 and maintenance case on my SECOND 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 and I donít have concern about him now.

As I didnít take court decree so does that mean my second marriage null and void and I am not entitled for MAINTENANCE and 498 doesnít applicable to my SECOND husband and his family. I have a kid of 2.9 yrs old.

Second 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 9/10/08, 1:37 am

3 Answers from Attorneys

Sanjay Shah Shah & Shah

Re: Maintenance/ Divorce Decree

save your self first coz you can be grabed for biagamy by your present husband

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Answered on 9/10/08, 2:52 am

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

Re: Maintenance/ Divorce Decree

Even though your second marriage is null and void, you are still entitled to all the rights of a "wife" resulting from second marriage because

(a you have lived with the second husband as if living in a marital relationship

(b) children born out of void marriages are still legitimate.

Thus you are entitled to maintenance and 498-A and DVA rights against your second husband irrespective of the fact that the marriage is technically void in law.

We have handled a similar case before and the court had granted maintenance to the lady even though the marriage was 'technically' found to be void;

If you can prove that the child is from your 2nd husband and that you had been living with him like husband and wife, he will be liable for maintennace

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Answered on 9/10/08, 6:40 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Maintenance/ Divorce Decree

If the children are born from first marriage then your previous husband is liable for maintainence but if it is other way then second husband has to maintain them. Regarding 498a case i dont think you can go for it.

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Answered on 9/10/08, 7:44 am

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