Maintenance to Wife -- Wife Unable to Maintain Herself -- Entitled to seek maintenance under Section 125
(i) Criminal Procedure Code, 1973, S.125 [Bharatiya Nagarik Suraksha Sanhita, 2023, S.144] -- Maintenance to Wife -- Wife Unable to Maintain Herself -- A wife who is unable to maintain herself is entitled to seek maintenance under this provision. (ii) Criminal Procedure Code, 1973, S.125 [Bharatiya Nagarik Suraksha Sanhita, 2023, S.144] -- Maintenance to Wife -- Proof of Marriage -- Strict proof of marriage is not necessary for grant of maintenance under this provision. (iii) Criminal Procedure Code, 1973, S.125 [Bharatiya Nagarik Suraksha Sanhita, 2023, S.144] -- Maintenance to Divorced Wife -- Entitlement After Divorce -- A divorced wife can also seek maintenance under this provision. (iv) Criminal Procedure Code, 1973, S.125 [Bharatiya Nagarik Suraksha Sanhita, 2023, S.144] -- Maintenance to Wife -- Prior Marriage of Claimant -- Where a woman claiming maintenance was earlier married to another person, there must be reasonable proof that the earlier marriage was dissolved before her marriage to the person from whom maintenance is sought. (v) Criminal Procedure Code, 1973, S.125 [Bharatiya Nagarik Suraksha Sanhita, 2023, S.144] -- Maintenance to Wife -- Failure to Prove Dissolution of Earlier Marriage -- Where the earlier marriage of the wife with another person is admitted, and no sufficient evidence is adduced to show that such marriage was lawfully dissolved, reference to an affidavit filed in cross-examination or in maintenance proceedings does not constitute proof of dissolution. In the absence of such proof, no status of legally wedded wife of the petitioner is conferred, even if a subsequent marriage is accepted to have taken place. (vi) Muslim Law -- Dissolution of Marriage -- Dissolution by Notarised Affidavit -- A marriage cannot be dissolved by way of an affidavit made before a Notary.
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