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1998 Supreme(Bom) 473

Krishnakant Mulashankar Vyas – Appellant
Versus
Reena Krishna Vyas and another – Respondent


JUDGMENT - A.P. SHAH, J.:---Whether the wife can be denied maintenance pendente lite under section 24 of the Hindu Marriage Act, 1955 only on the ground that her marriage with her husband is the second marriage during the subsistence of the first marriage and the same is void under section 11 read with section 5(i) of the Hindu Marriage Act and whether such a wife is also dis-entitled from claiming interim maintenance in proceedings under section 18 of the Hindu Adoption and Maintenance Act, 1956 are the questions which fell for consideration in this review petition.

2.Very few facts are necessary for appreciation of the controversy arising in this petition. Both the principal parties namely the petitioner and the respondent No. 1 are Hindus governed by Hindu law. The case of the respondent No. 1 is that she was married to the petitioner according to the Hindu vedic rites on 29th June, 1986 in a temple at Ulhasnagar and that the respondent No. 2 is their daughter born from the marriage. The respondent No. 1 has filed matrimonial petition bearing No. A-2082 of 1996 in the Family Court, Bombay, under section 11 of the Hindu Marriage Act for declaration that the marriage between her
























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