Can a Hindu wife from a void marriage who has married under Special Marriage Act claim maintenance?

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Ashley Kannan eNotes educator| Certified Educator

Naturally, with a question such as this, consultation with a legal source is going to be better than anything else.  The laws do change and possess intricacies that someone who practices law would better understand.  Add to this that there is some wording issues in the question that need to be addressed.  I didn't want to edit any of it because of being sensitive to the different issues being raised, but I strongly suggest seeking a better way to word it.  There are a couple of ways I can answer this given the ambiguity in the question.  The first would be that any marriage solemnized under the Special Marriage Act can claim maintenance of dependents.  I don't see this as an issue.  The Special Marriage Act is a legal recognition of the sanctity of marriage, and while it is devoid of the spiritual connotations of tradition, it still covers the maintenance of dependents. The issue I have with the wording is the "void" issue.  If a marriage has been voided through any application of the Special Marriage Act, maintenance of dependents is present.  I think the long and short of it is that there is maintenance present in either configuration.