Role of essentials of a valid marriage and awarding of maintenance
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The concept of maintenance to the wife is well known and most prevailing in Indian society. Except for Section 24 of the Hindu Marriage Act 1955, all other laws in India that provide maintenance to the dependent state that it is the duty of the husband to financially support his wife. Section 125 of the Code of Criminal Procedure and Protection of women from Domestic violence Act 2005 are two such laws that provide maintenance to women in India irrespective of religion and faith. However, there is confusion regarding the issue who can claim maintenance under these laws due to a lack of definit...
The concept of maintenance to the wife is well known and most prevailing in Indian society. Except for Section 24 of the Hindu Marriage Act 1955, all other laws in India that provide maintenance to the dependent state that it is the duty of the husband to financially support his wife. Section 125 of the Code of Criminal Procedure and Protection of women from Domestic violence Act 2005 are two such laws that provide maintenance to women in India irrespective of religion and faith. However, there is confusion regarding the issue who can claim maintenance under these laws due to a lack of definition in relation to the terms "wife" under Sec 125 of CrPC and "relationship in the nature of marriage" under D V Act 2005. Even though both laws recognise the maintenance right outside the marriage, in order to address the above issue, to what extent the requirement of a valid marriage is taken into consideration while awarding maintenance to women under these laws needs to be analysed in comparison with other countries.
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