Wife filed maintenance application on her second husband
Dr.Gaurang N. Gandhi
(Querist) 15 April 2014
This query is : Resolved
Dear Experts,
My client Mahesh married with Sruti in 2012.
after that he came to know that this is second marriage of Sruti. And Divorce has not been taken from ex husband Dhirayu.
now she filed maintenance application against Mahesh. and refused to live with Mahesh further.
Is Shruti entitle to get maintenance from Mahesh?
Neither Marriage has been registered. But we have marriage CD & Snaps of her previous marriage.
Another thing is that Sruti was not age of 18 at her first marriage.
We have filed application U/s 9 of Hindu Marriage Act. In that petition she has not file reply yet.
Thanks...
Raj Kumar Makkad
(Expert) 15 April 2014
Why you have filed petition under section 9 of HMA when you have came to know about the subsistence of first marriage of wife of your client?
Why have you not opted for petition under section 12(1) of HMA seeking the nullity of marriage?
In the given petition, your client shall have to pay maintenance.
Devajyoti Barman
(Expert) 15 April 2014
You know that it is her 2nd marriage and then also you filed for RCR. You should have filed suit u/s 12 of HMA.
NOw you are bound to pay maintenance.
Sudhir Kumar, Advocate
(Expert) 15 April 2014
first marriage was not legal being underage and her parents are liable for prosecution.
But has both the parties (after she attained 18 years age) condoned the illegality and started living together?
whether she has denounced first marriage within reasonable time? If yes first mrriage never happened. Perhaps no divorce will be needed.
In such case the second mariage is fully binding whether registered or not.
Maintenance shall have to be paid
Sudhir Kumar, Advocate
(Expert) 15 April 2014
If some more facts are there the view of experts above may change.
Rajendra K Goyal
(Expert) 16 April 2014
Agree, in the given circumstances, maintenance has to be paid.
V R SHROFF
(Expert) 16 April 2014
by filing RCR sec 9; you accept she is your wife.
U r bound to pay maintenance. [ ur foolish step, now will cost you][ WAR MUST BE WELL PLANNED]
DEFENSE ADVOCATE.-firmaction@g
(Expert) 16 April 2014
Yes RCR should not have been filed but it is not fatal.
You can now also file or amend for annulment of marriage.
Even if RCR is filed it can be withdrawn and no maintenance IS possible since she is not wife under the provisions of CRPC 125.
Dr.Gaurang N. Gandhi
(Querist) 17 April 2014
Here Mahesh got information after filling RCR by a CD of her previous Marriage.
Yet she has not been cross examined in 125 matter nor she filed any reply in RCR.
T. Kalaiselvan, Advocate
(Expert) 17 April 2014
It is suggested that your client may withdraw his RCR petition and file another petition under section 12 of HMA for annulment of marriage based on the information he received very lately about her subsisting marriage. Under the changed circumstances, he can repudiate her claim for maintenance.
