Maintenance Rights of a Wife in a Void Marriage Involving Concealment of Prior Marriage.
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Case: JAYASHREE @ PRABHAVATI PRATAP PATIL AND ANR v. PRATAP VISHWANATH PATIL AND ANR
Court: Bombay High Court
Date: 16-07-2026
Law: Code of Criminal Procedure, Hindu Marriage Act, Indian Penal Code.
Highlights of the Judgment:
- Interpretation of the term "wife" under Section 125 of the Code of Criminal Procedure, 1973.
- Impact of a decree of annulment under Section 11 of the Hindu Marriage Act, 1955, on maintenance eligibility.
- Judicial distinction between a "legally wedded wife" and a woman in a void marriage involving concealment.
- Analysis of the "deceit and fraud" doctrine as a bar to claiming benefits under beneficial social legislation.
- Application of the "long-term cohabitation" rule for maintenance in live-in relationships versus short-term stays.
- Examination of the "clean hands" principle in summary proceedings for maintenance.