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MAINTENANCE RIGHT OF SECOND WIFE

The maintenance is a right of any wife who has innocently married a person who may have been already married and without disclosing the same and in an illegal manner, gets married to you and produce children as well. After few years of the marriage, you come to know of this dreadful fact that your husband is already married and dispute arises between you and your husband. The matter reaches court after a long battle of allegations and counter allegations by both husband and wife and the Court declares the marriage of this wife as null and void since at the time of marriage, as per Hindu Law, the husband had a wife living so he could not have entered into a legal marriage once again. Section 11 of Hindu Marriage Act declares such marriages to be Null and Void.

Even if the marriage has been declared null and void, the question which arises is whether such a wife (though marriage declared illegal) could claim maintenance from the husband. The present video deliberates exactly on this issue and answering the issue on the basis of decision rendered by the Hon’ble Supreme Court of India and reference has been made to Section 25 of Hindu Marriage Act and Section 125 of Criminal Procedure Code as well.

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