Legal Question in Family Law in India
maintenence under sec 125 crpc
Both girl and boy are hindu and got mmaried under hindu marriage act in social ceremony in 2006.The boy was looking for post graduate degree holder girl.Girl's parents said she did postgraduate degree but actually did post graduatediploma.After two years of marriage he came to know that she did post graduate diploma and not degree.He threatened her he will go to the court to declare marriage as void.The girl was treated very badly.She was compell to return to her parents house.As she is not earning anything she filed for maintennece under sec 125.Court has given interm maintenence order.But the boy is refusing to give it by saying as he will moe to the court to declare the marriage as void so he will not pay maintennec under sec 125 as it is meant for wife only.I have two question
1)Is husband bound to give maintenece to her wife under sec 125 as long the marriage is not declare void?Or once he will file petition to declare marriage void he will no longer have to pay maintenence under sec 125 ?
2)Is husband bound to give litigation cost to the girl to fight her case aainst her husband who is moving to the court to declare marriage as void?
5 Answers from Attorneys
Re: maintenence under sec 125 crpc
1)Yes
2)depends on court's order
Re: maintenence under sec 125 crpc
1. Yes, the husband is legally liable to pay maintenance amount as ordered by the court u/s 125 Cr. P. C.
2. Yes, the husband is liable to pay litigation cost.
In this situation, the girl may file a complaint against her husband u/s 498-A of IPC as also under D.V.A.
The action/attitude of the husband is thoroughly wrong and illegal.
'The marriage cannot be declared void on the ground mentioned in the above statement.
Re: maintenence under sec 125 crpc
you can claim maitainence as well as litigation expense
Re: maintenence under sec 125 crpc
i think u repeating your question. you have been suggested earlier that the boy would not succeed in declaring the marriage void or voidable as the plea he has taken is legally not sustainable.
Re: maintenence under sec 125 crpc
1. The husband is legally liable to pay the maintenance.
2. Yes he is liable to pay the litigation cost.
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