Domestic violence act

sangramthorat (Querist) 15 December 2012 This query is : Resolved
A women already married with another man without taking divorce from him. she has filed application under domestic violence act for maintenance against my client on the basis of notary marriage agreement with my client. Whether she is lawfully entitled to get maintenance on basis notary marriage agreement.

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Raj Kumar Makkad (Expert) 15 December 2012
No. she is not entitled to claim any maintenance from your client.

sangramthorat (Querist) 15 December 2012
any case law plz suggest

sangramthorat (Querist) 15 December 2012
bcoz we have no any evidance to show that she had already married with another person.

Devajyoti Barman (Expert) 15 December 2012
Without proof of her first marriage, the maintenance can not be avoided.

Raj Kumar Makkad (Expert) 15 December 2012
You should put the entire facts of the case at one go. In the subsequently posted facts, you have the full liability of her maintenance and you cannot take plea of her previous marriage to avoid this liability.

sangramthorat (Querist) 15 December 2012
yes sir, but i am talking about notary marriage contract with my client. What defence i have to put up ? Whether notary marriage contract is lawfull to claim maintenance. Even she has not pleaded the facts of notary marriage contract in his application.

Raj Kumar Makkad (Expert) 15 December 2012
Marriage is required to be proved for claiming maintenance which is duly proved by such notarised document.

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