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Pavan kumar (AVP)     18 June 2013

Nullity of marriage

I have got decree for nullity of Marriage as wife first marriage was subsisting and she was having living spouse at the time of second marriage. She has also filed maintenance case for which interim order of Rs 5000 for herself and 3000 for kid was given.
From last 5 years I am paying interim maintenance and after the order of nullity, I have filed petition for dismissal of interim maintenance for wife in family court as marriage is declared nullity by same court whereas she got stayed from high court and filed appeal against said order
Now question is 1. Will family court put stay on interim maintenance order?
2. Till the High court decide on again for nullity of marriage, i have to pay maintenance to her ?  or family court  wait for HC order to decide the maintenance case.
3. Should family court decide the maintenance case based on facts irrespective of high court stay on order(Nullity of marriage)
Plz guide on urgent basis, will oblige


Learning

 5 Replies

Shantanu Wavhal (Worker)     18 June 2013

1. appeal is her right.

2. sec. 24 maint. stops at the time of conclusion of the trial.

3. she can again file sec. 24 in Appeallate court.

4. u should have filed Caveat application in Appeallate court as soon as the judgement was pronounced.

5. defend the appeal


PS : facts of ur case are Same as that of mine !


Pavan kumar (AVP)     18 June 2013

She has filed maintenance case under 125 CRPC not under section 24

Nitin (Law)     18 June 2013

Get proof of her previous marriage and marriage with you and file a case of bigamy.She will pay you all the maintenance money back.

Shantanu Wavhal (Worker)     18 June 2013

use the judgement of bhaskar tanaji dhokrat - BBay HC

Pavan kumar (AVP)     20 June 2013

plz advise


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