Hello,

challenge the said order again before the HC. 

Regards

File for annulment of marriage on the grounds of bigamy and fraud. After the marriage is annulled, you would not have to pay any maintenance or alimony to her.

You should also raise this issue in the reply to the 125 CrPC case. If you don't want to pay interim maintenance amount, you'll have filing appeal and get stay on the order of the family court.

Hi,

You are suggested to approach high court challenging the order of family court. This challenge is done under section 19 of family court act. You are suggested to file or submit all documents and orders of previous cases citing marriage issues, dv cases etc.

It will become infructuous.

Since she deceitfully married you, hiding the factum of her first marriage, she is not entitled to any maintennace under sec. 125 crpc.  Here too you should take the same defence which you took in the proceedings under DV Act in which this lady was attempting to seek interim maintennace from you. 

Sight HC judgement which has dismissed the maintenance order on the ground of nullity of marriage. File review agasint the order.

HC already observed, marriage never existed due to subsistence of previous marriage. Why don`t you that judgement.

You can file revision challenging the order of 125 crpc on ground that she is not legally wedded wife therefore not entitled to maintenance. If session rejects approach the high court.

1. Well, since the marriage itself is not valid there is no scope for maintenance in 125 crpc proceeding.

2. So file revision against the interim maintenance order in high court  in sessions court.

3. The decisions of other courts in your favour as regards rejection of her maintenance and status of your marriage will come to a great aid during the course of hearing of your revision case.

- Since, your appeal is pending before the High Court, then you will have to pay the maintenance to  her till the finilazation of the appeal. 

- Further, if the appeal is decided in your favour and the marriage declared as null and voide , then the case U/s.125 will dismissed , and you will have not to pay any maintenance to her. 

file appeal against order of interim maintenance 

2) rely upon earlier stay granted by HC on grounds of illegality of marriage 

second marriage during subsistence of earlier marriage is illegal 

2) court can set aside maintenance awarded under section 125 cr pc 

Why haven't you prosecuted her for bigamy under IPC?

You have to file a revision in high court under Section 127 CRPC against the maintenance allowed by the family court

Yes, in that case you will not have to pay the maintenance and on this ground only you should prefer an appeal against the order by which monthly maintenance has been granted. You may get both the appeals attached. 

Regards  

Here you have to prove that her first marriage is valid and husband is alive, bring previous husband in the court.

Ask court to dismiss this order.

Hello Sir,

Please be advised as follows:

If in the High Court the judgment is given in your favour with respect to declaring the marriage null and void, then you can get the maintenance order given under Section 125 Crpc Quashed by the virtue of marriage being null and void.

Order under Section 125 should not hold any value if marriage never existed on the first place itself

Thank you 

125 crpc will only grant maintenance to wife nothing else's

Dear client 

You should place the order if cancellation of interim maintenance under DV act case on the record in case of maintenance under section 125 CrPC.

And if the case if annulment of marriage will be decided in your favor by high court then the maintenance case will automatically become  infructuous and the maintenance order will become null and void.

You can appeal against order of maintenance. 

You have to prefer a revision against the order for interim maintenance in the 125 cr.p.c.. case also before high court on the same grounds by which you have approached high court earlier in the DV case.

You can get the 125 cr.p.c. case dismissed on the basis of the same grounds that she is still remain married to her previous spouse hence she is not eligible for maintenance from you.

1. You ought to have filed the case under Section 11, not Section 12. Nothing stops you from filing a fresh petition under Section 11 even now unless you are beyond the limitation period.

2. The order passed by the court in 125 CrPC can also be challenged in the HC. However, the ground of illegality of marriage cannot be pressed into service by the HC to stay the order as your petition has been dismissed by the trial court. 

3. Consult a lawyer with a copy of 125 crpc order.