It is fundamental principle of law that in order to claim a relief from the Court of law, there must be a legal right based on a legal status. When the status of a woman as "wife" is not recognized by provisions of the Act, which confers the right for permanent alimony, she cannot be entertained for grant of relief in the absence of recognition of her status by the Act.
Take a look at judgement here : Click Here
Jamai Of Law (propra) 22 February 2012
you said
"When the status of a woman as "wife" is not recognized by provisions of the Act ....."
But there is proviso as enunciated by the case laws which have explored above as follows .............
If the woman (who claims alimony but being deemed as illegal wife) is subjected to this fate/status of her matrimony DUE to WRONG OF the male-spouse i.e counterpart in the controversy, LAW can not do injustice to her twice!!!!
There is absolute liability on male spouse in such cases.
E.G. If woman no.2 is unaware that her marriage knot is void ab initio (E.g. the "male spouse/counterpart in the marriage" is already legally married and his female spouse still living and that marriage is NOT void ab initio and this woman no. 2 is cheated and wasn't informed about the previous subsisitng marriage)
There are many such situations where the female-claimant, even if her marriage void ab initio, is cheated in marriage ...........and such female-claimant HAVE RIGHT to ask for ALIMONY.....................period
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
