divorce petition to declare null and whether maintanance

Querist : Anonymous (Querist) 30 November 2009 This query is : Resolved
Petition to declare the marriage null and void since the Respondent had a subsisting marriage. The first Marriage was hided by the REspondent at this juncture Whether a maintainance Petition u/s 125 CRPC is maintainable?

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Raj Kumar Makkad (Expert) 30 November 2009
no. If marriage is a nullity then no maintenance allowance even under section 125 Cr. PC is payable.

joyce (Expert) 30 November 2009
if marriage itself is decleared to be null and void, then how can the maintainance be claimed? petiton under section 125 cr.p.c is not maintainable.

n.k.sarin (Expert) 30 November 2009
If the previous subsisting marriage hided by the respondent you can claim the damages and compensation instead of maintenance u/s 125 cr p c.

dhiraj choudhary (Expert) 30 November 2009
She is not entitled for any maintenance

Poonam Upadhyay pathak (Expert) 30 November 2009
If the marriage is itself null and viod then the question of marriage doesnot arises . And so she is not entitled for maintenance.

adv. rajeev ( rajoo ) (Expert) 01 December 2009
marrige it self is null and void she is not entittle to claim the maintenance.

Sachin Bhatia (Expert) 31 January 2010
If marriage is a null and void then no maintenance allowance even under section 125 of Cr.PC is payable. Maintainance Petition u/s 125 CRPC is not maintainable in this case.

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