Divorce of illegitimate wife(cohabited wife)

PAVAN KUMAR AKA (Querist) 24 September 2013 This query is : Resolved
Sec.125 CrPC provides right of seeking maintenance even by an illegitimate wife,son,daughter etc.
Now can a lady, who lead life of cohabitance as wife (may be termed as illegitimate wife-illegal intimacy) can file DIVORCE. IF so, please let me know the rule position along with any citations please.

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Nadeem Qureshi (Expert) 24 September 2013
only legally wedded wife or lady partner who live in relation can seeking maintenance only & there is no provision for illegitimate wife. if the marriage is ab initio void then she can not claim maintenance from him. but if she is live-in partner then she can claim maintenance.
if the marriage is not legal then no need to file divorce, she can file a petition/suit for declaration before civil court to declare this relation null & void under section 11/12 of HMA as case may be.
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ajay sethi (Expert) 24 September 2013
she has never married her lover . where is question of divorce

R.K Nanda (Expert) 24 September 2013
no, she cannot file divorce petition.

Rajendra K Goyal (Expert) 24 September 2013
If No marriage, no divorce can be claimed.

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Divorce of illegitimate wife(cohabited wife)

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