If a marriage declared void in HC . Can girl get maintenance if she le...
Memorial for Moot Court Competition: Petitioner’s Case
Introduction
The petitioner seeks maintenance and claims for partnership in the husband's company following a void marriage declared by the High Court. The petitioner's situation is complicated by her sacrifice of career for familial responsibilities.
Legal Framework
- Section 125 of the Code of Criminal Procedure, 1973: Provides for maintenance to wives, children, and parents. The petitioner can claim maintenance based on her role in supporting the family.
- Hindu Marriage Act, 1955: Although the marriage is void, maintenance can still be claimed under this act if the husband has been providing for her during the marriage.
- Contract Act, 1872: If the husband verbally promised her partnership in the company, this may constitute a valid agreement, and she can claim her share based on this promise.
Grounds for Maintenance
- The petitioner left her job to care for her in-laws and husband, establishing a basis for claiming maintenance under Section 125.
- The marriage was void due to misunderstanding of religion, which does not negate her rights to maintenance as she did not misrepresent her faith.
Claim for Partnership
- The promise made by the husband on their first anniversary can be argued as an implied contract. The petitioner can claim her rightful share based on his verbal commitment.
Conclusion
The petitioner deserves maintenance and recognition of her partnership claim. The High Court should consider her sacrifices and the husband’s promises, alongside relevant legal provisions, to ensure justice and fair treatment.
Prayer
The petitioner respectfully requests the court to grant maintenance and recognize her claim to partnership in the company based on the husband's commitment.
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