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prasad (proprietor)     20 March 2013

Cancellation of maintenance

wife and her two minor childeren one boy and girl filed maintenance case against husband under 125 crpc. court dismissed against wife and awarded for children.mean while boy became major and he was declared major by the court. now the minor girl was got married to a major boy, who is employed and able to maintain her minor wife. now the question is can the father of the minor girl file a petition to cancel maintenance against her, any citation.



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 3 Replies

Arvind Singh Chauhan (advocate)     20 March 2013

Yes father can pray for cancellation as she is now married daughter and her husband is liable to maintain her.

Advocate M.Bhadra   20 March 2013

marriage of minor girl is void as she is not attain 18 to marry,so liability of pay maintenance to her father.

               “India: 21 for males and 18 for females. If any partner(s) engages in marriage at a younger age, (s)he can ask for the marriage to be declared void / annulled. 

               That it is often ignored with impunity is besides the point. There is at least a legal provision to challenge such a marriage. There are a number of instances when such breach is reported and action taken which receive wide coverage in our media. All attempts are being made by various organisations and methods to stop such below age marriages from taking place.

prasad (proprietor)     21 March 2013

section 125 crpc proviso says if the wife is mionor and if the husband of the minor is able to maintain her, father need not pay maintenance. i need citations


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