Maintenance
Ram K Exambi
(Querist) 07 September 2012
This query is : Resolved
if marriage is disputed maintenance can be granted to wife?
Arvind Singh Chauhan
(Expert) 07 September 2012
Depends on the facts. If marriage is not legal husband is not liable under 125 but may be liable in DV Act if facts are such as to prove domestic relation in the nature of marriage.
V R SHROFF
(Expert) 07 September 2012
:"Depends on the facts. If marriage is not legal husband is not liable under 125 "
My comment : Once a Woman applied u/s 125, Criminal Court have no jurisdiction to decide civil matter whether she is wife or not, and whether marriage is disputed or not.
She is a wife or not is a subject matter of SD Civil Court. After Final Judgement, a Man can resist 125, on the basis that Applicant is not my wife, Till then she continues getting mtn.
"may be liable in DV Act if facts are such as to prove domestic relation in the nature of marriage." is true ..
So Either way, Man starts paying mtn [125 & + dv ]immediately as interim relief.
It is Law. (It may not be justice )
V R SHROFF
(Expert) 07 September 2012
My dear Lawyer Ram, These are the Legal Loopholes, and favouring Women.
Nadeem Qureshi
(Expert) 08 September 2012
Dear Querist
its depend on the relation if the cohabitation is continue and the parties lived in live-in-relation then the husband is liable to pay the maintenance otherwise not.
Feel free to call
prabhakar singh
(Expert) 08 September 2012
In case marriage is disputed, interim order would be passed,final order would depend on proof of marriage by evidence.
sukanya (Joyce)
(Expert) 08 September 2012
I agree with senior learned Adv Prabhakar Singh.
