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december 2012

Supreme Court of India · 2012-12-12

Deoki Panjhiyara vs Shahshi Bhushan Narayan Azad & Anr

Citation / case number
AIR 2013 SC (CRIMINAL) 728
Court
Supreme Court of India
Petitioner
Deoki Panjhiyara
Respondent
Shahshi Bhushan Narayan Azad & Anr
Author
Ranjan Gogoi
Bench
Ranjan Gogoi, P. Sathasivam

Judgment text excerpt

The Supreme Court ruled that under Section 12 of the Protection of Women from Domestic Violence Act, 2005, a marriage deemed void due to an existing marriage, as evidenced by a certificate under Section 13 of the Special Marriage Act, 1954, negates the entitlement to maintenance. The Court upheld the High Court's decision that the appellant was not the legally wedded wife of the respondent, thus disallowing her claim for maintenance. The ruling emphasizes the necessity of proving the validity of marriage for claims under the DV Act.

Deoki Panjhiyara vs Shahshi Bhushan Narayan Azad & Anr · Niyam