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vishesh kumar (Querist) 05 June 2011 This query is : Resolved
a cuple got married.this was second marriage from both side. serious crack come in their marriage.husband file divorce on the ground of qurility.wife file maintaince u/s`125.during pendency. a letter was recieved from women sell in which it was found that the first marriage of the wife was desolve in the panchayat which is void ab initio.

what are the remedy availble to the husband?

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prabhakar singh (Expert) 05 June 2011
HIS SECOND MARRIAGE IS VOID BUT HE CAN NOT ESCAPE FROM MAINTENANCE TO EITHER OF THEM.

Arvind Singh Chauhan (Expert) 06 June 2011
First marriage of wife was not legally dissolved, hence her second marriage with husband is illegal. SC has said in so many cases that Illegal wife is not entitled to maintenance under 125.

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