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Permanent alimony to wife from second marriage
Question
I am in need of financial assistance as i am not earning. My marriage took place in 2011 and i have two children from my marriage. My husband is a fraudster and when he married me, he did not tell me that he already was married. his earlier wife filed a case on me and my marriage was broken as court said it is void. please guide me how to get financial support from my ex-husband.
Answer ( 1 )
If you have begotten the children from the marriage which has been declared as null and void under section 11 of the Hindu Marriage Act yet you can get maintenance for yourself and your children under two provisions. First is Section 25 of the Hindu Marriage Act and the second is Section 125 of Criminal Procedure Code. Both the applications can be filed simultaneously.
Your children would be considered legitimate irrespective of the fact that they were born from an illegal marriage as the same is saved by Section 16 of the Hindu Marriage Act. The husband being the father is liable to take care of the welfare of the children and provide them maintenance. There are decisions of Supreme Court in your favour whereby the Court said that even those wife whose marriages are declared as nullity can claim maintenance from the husband u/s 25 of HMA and since such relation would come under the factum of Live In relationship, the so called wife is entitled to maintenance u/s 125 cr.p.c. if she is able to prove that the marriage did exist at some point of time before being declared null and void.
contact the team at InstaLegal via whatsapp chat for specific queries on your right to maintenance.