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Author Topic: Whether wife is entitled to maintenance, if marriage is held to be a nullity?  (Read 1792 times)

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Offline advgaurav.sharma

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In Ramesh Chandra Ram Pratap Daga Vs. Rameshwari Ramesh Chandra Daga, The Supreme court observed that:

in interpreting the provision of Section 25 of Hindu Marriage Act the expression 'at the passing of passing any decree,' as has been used in Section 25 of Hindu Marriage Act, includes a decree of nullity of marriage and the court is empowered to grant alimony or maintenance at that juncture. Therefore when a court passes a decree of nullity, at that time the court can grant alimony and maintenance to such spouse based on the fact and circumstances of the case.

Who else other than the Wife can claim Maintenance?
Besides the wife other relations who are economically dependent are also entitled to maintenance under the Criminal Procedure Code as well as the Hindu Adoption & Maintenance Act. Under the Hindu Adoption & Maintenance Act a widowed daughter-in-law is entitled maintenance from her father-in-law to the extent of the share of her deceased husband had the property.

The minor children of a Hindu, whether legitimate or illegitimate, are entitled to claim maintenance from their parents. Similarly, the aged and infirm parents of a Hindu are entitled to claim maintenance from their children.

An issueless stepmother is considered to be parent for the purpose of the maintenance.

From the foregoing it is amply clear that the laws discussed above cover almost all family relations wherein or who are economically dependent on someone for their survival and provides a right to seek maintenance to such relations.
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Offline advjaya

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thank you advgaurav, this case will come handy for me in my case
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