Hindu Adoptions and Maintenance Act, 1956, Section 19, 20 -- Maintenance to child - Self acquired property - Child born out of void or voidable marriage can not claim inheritance in ancestral coparcenary property but is entitled to claim share in self acquired property...........
Hindu Marriage Act, 1955, Section 25(2) -- Permanent alimony and maintenance - Jurisdiction - By agreement, jurisdiction of the court created by statute, cannot be taken away - If any agreement comes in conflict with any valid statute or its provision that becomes unlawful agreement and void as per S.23 of Contract Act, 1872...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Plea of void marriage - No cogent evidence on record in relation to plea of voidness of marriage - Moreover, on the basis of evidence on record, it cannot be said that evidence does not indicate the factum of marriage - In matter of this nature, strict proof with regard to marriage is really not necessary -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - If husband takes a plea that marriage with applicant wife is void due to existence of his earlier marriage with another lady the burden of proof of earlier marriage is on the husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage by wife during subsistence of her first marriage - Claim of maintenance from second husband - Second marriage is void u/s 11 of Hindu Marriage Act - There is no dispute between parties as regards the existence or validity of first marriage of wife - Second husband not required to seek formal..........
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...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Can be granted during pendency of any matrimonial proceedings under the Act irrespective of whether the marriage between parties was valid or void - Maintenance pendente lite can be awarded even if subsequently the petition is allowed and marriage between parties is held to be null and void...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Husband alleged marriage void as wife was already married - Marriage certificate issued u/s 13 of Special Marriage Act, 1954, produced on record - Marriage certificate by itself not sufficient for a complete and effective decision with regard to marital status of parties and that too..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage with a person who had a subsisting marriage - Second wife whose marriage is void on account of survival of the previous marriage of her husband with a living wife is not a legally wedded wife and she is not entitled to maintenance u/s 125 Cr.P.C...........
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..........
