Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Grant of maintenance u/s 25 of the Act when marriage between parties has been declared null and void by trial Court, cannot be maintained in the eye of law - Order granting maintenance set aside...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife has not filed any application u/s 25 of the Act - Grant of maintenance by lower appellate Court while dismissing appeals filed by wife affirming decree of trial Court declaring marriage as null and void is vitiated by manifest error of law and set aside...........
Protection of Women From Domestic Violence Act, 2005, Section 2(f) -- Domestic relationship - Husband was in a relationship with wife as he married her - Question whether marriage would be void or not is a matter of trial - Even otherwise, there is no dispute to the fact that till the time wife was residing with husband, she was in a `domestic relationship' with him in a..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Marriage between parties declared as null and void by civil Court - Wife not entitled to maintenance, as parties never had status of husband and wife - Impugned order of granting maintenance to wife set aside...........
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..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Marriage declared null and void - Appeal by wife thereagainst - Claim of wife for maintenance pendente lite is maintainable in such an appeal...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Extension of time for payment - Husband contended that marriage between parties is itself is null and void as per observation of criminal Court, he is not liable to pay maintenance to wife - Contention rejected, as until and unless a competent civil Court passes a decree of divorce, observations made in..........
Hindu Marriage Act, 1955, Section 5(iv), 11 -- Void marriage - Degrees of prohibited relationship - Petition by husband - Validity of marriage questioned by husband after leading marital life for more than 25 years, that too after giving birth to three children - Moreover, custom prevailing in community of parties permits such a marriage and both husband and wife consented..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite during pendency of appeal filed against judgment declaring marriage as null and void - Wife is entitled to maintenance during pendency of appeal as impugned judgment declaring marriage of parties as null and void has not attained finality...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Marital status in dispute - Until and unless Court decides that marriage is void, there is presumption that marriage is valid for the purpose of deciding application for maintenance pendente lite - Husband is bound to maintain wife pending disposal of main original petition...........
