I was married in year 2007, My husband had already married and had an issue out of his first marriage. My in laws and my husband kept the fact hidden from us for want of dowry.
In the year 2010, I filed a case against them under section 498(a), 495, 406, which is still pending in Mumbai.
In year 2013, I filed a maintenance case in Lucknow (my home town). The court ordered 5k for myself and 1k for my son, which was not enough as per our status and his salary, though I had submitted his bank account statements showing approximately 3.5 lacs (merchant navy remittance).
In the meantime an acquaintance who is a lawyer suggested that I am being wrong in filing maintenance under CRPC, since My marriage stands illegal as i have stated that my husband had a former marriage and being a second wife I cannot claim.
I was dead shock, as I had not done any wrong...I did not knew about his marriage, but I did not wanted to spoil my case in Mumbai so I stopped pursuing the maintenance case. While going through legalities I read Hindu Adoption act, which allows maintenance to second wife, and recently read that if u can prove your marriage you are entitled for maintenance. I have a marriage Certificate and all the proofs as well. Please confirm if I can revive my maintenance case, and the procedure. As of now the case is Kharij, as it was not pursued since July 2014. Will I be getting maintenance for the period in between??? Do I have to file fresh case ???? Request help.