Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Nullity of marriage even if it is declared by a competent civil Court is not a bar for wife to claim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Plea of nullity of marriage - Re-marriage performed during pendency of appeal filed against decree of divorce - However, in the instant case re-marriage is not nullity as appeal from decree of divorce was filed after expiry of limitation to file appeal - Marriage contracted during pendency of an appeal from a..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 12(1)(a) -- Maintenance - When marriage is annulled or declared null and void due to some mischief or wrong committed by husband, he will have to pay maintenance u/s 125 of Cr.P.C. despite declaration of nullity or annulment of marriage...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second Wife and her daughter - Entitlement of - Held, marriage of woman with man having living spouse, is complete nullity in the eye of law - Petitioner not entitled to benefit of S.125 CrPC - However, child born out of void martial relation has right to maintenance u/s.125 CrPC - Application for maintenance..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Only legally married wife is entitled to claim maintenance - Marriage with a man having a living spouse - Marriage is a nullity - Such a wife is not entitled to maintenance u/s 125 Cr.P.C. - Wife not informed about husbands' earlier marriage when she married him is of no avail as rule of estoppel is not applicable..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Mar-riage nullity - Held, wife is not entitled to interim maintenance - Daughter born out of such marriage is entitled to maintenance...........
Criminal Procedure Code, 1973, Section 125, 127(2) -- Maintenance petition - Relationship of husband and wife denied - Question whether parties are husband and wife or not, can be decided in proceedings u/s.125 - However, the husband can later on get the maintenance order cancelled or varied u/s.127(2) if the Civil Court declares the marriage a nullity...........
Criminal Procedure Code, 1973, Section 125 -- Civil suit filed by husband for declaring marriage a nullity pending - On that ground proceedings u/s.125 cannot be stayed...........
