can a wife of void marriage claim maintenance????/

Dear friend, if you claim to have second wife without divorcing the first and a non-muslim, it is regarded as ADULTRY.Dont fall trap to your own statement please.

At the onset, let her prove that she is your legitimate wife and you contest and prove the adverse but I can can not give you citation of any case because it is not as simple as writing a question.

She can't claim under 125 Cr.P.C . Find the attachment if case fits accroding to conditions given in Para 33 of the judgment, she can claim under DV Act.

sir ji its an moot court problm......thnx for d rply but thoda late kiyaa i got d citations on net of 2008 ...

Sorry I forgot to attach find here-

chck out d moot court problm posted by me to hv a clead cut idea of d facts....

yes , she can depends on circumstances of the case.

please give more details.

in case she was not aware of the fact of her getting married to a man with existing valid marriage she can definitely get maintenance.

If  wife is a victim/wronged party in void marriage due to wrongdoing of counterpart (e.g. husband does  another marriage even though earlier marriage still still survives legally )......... then YES.

Such victim should get huge maintenance.

If  wife is a victim/wronged party, in void marriage, due to wrongdoing of her counterpart (e.g. husband does  another marriage even though earlier marriage still survives legally )......... then YES.

Such victim should get huge maintenance.

Dear Ajay, if you got the answer to your question, then please leave this topic without THANKS now because you are not going to contribute anything positive to the masses but would generate an un-necessary debate.

can a wife of void marriage claim maintenance????

Yes & no.

if void due to her husband, then yes, if void due to her own wrong then no.

d case to support dt wife of void marriage can claim maintenace ....in d below cited case d words used r "also in any other proceedings where the validity of her marriage is determined"  can dis case b used in support of wife of void marriage claiming share in coparcenary

Govind S/O. Manohar Jadhav, Gopal ... vs Smt. Rukhminibai W/O. Manohar ... on 21 April, 2008

Bombay High Court

II. In regard to a woman whose marriage is void or declared void under the provisions of the Hindu Marriage Act:

(1) Section 25, Hindu Marriage Act, confers upon a woman, whose marriage is void or is declared to be void, a right of maintenance against her husband;

(2) This right of maintenance can be enforced by her not only in proceedings under Section 25, Hindu Marriage Act, but also in any other proceedings where the validity of her marriage is determined;

(3) This right can be enforced by her not only during the lifetime of her husband but also after his death against the property of her husband after his death;

proceed.

in your case the reason for declaring the marriage void is  important.

The marriage is to be declared as void by a competent court of law.On the otherhand if the wife can prove that, both of them were living as husband & wife, theninspite of void marriage the wife can claim maintenance U/S125 of the Code of Criminal Procedure 1973