Supreme Court · 2020 INSC 211 · Decided 19 February 2020
Krishnaveni Rai v. Pankaj Rai & ANR.
- Court
- Supreme Court of India
- Citation
- 2020 INSC 211 · [2020] 1 S.C.R. 682
- Case number
- CRIMINAL APPEAL No. 321/2020
- Decided
- 19 February 2020
- Bench
- INDIRA BANERJEE, M.R. SHAH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 125, 397, 401; Hindu Marriage Act Section 5, 11, 15, 5(i)
Headnote
Hindu Marriage Act, 1955: ss.5, 11, 15 - Claim for maintenance by appellant-wife - Plea of respondent-husband that appellant was not entitled to maintenance since their marriage was a nullity having taken place while an appeal by appellant against decree of divorce against her first - The said appeal by wife against first husband was filed almost one year after the expiry of limitation period - Whether second marriage performed during the pendency of an appeal from a decree of divorce a nullity, even though there were no stay of operation of the decree
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