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Deoki Panjhiyara vs. Shashi Bhushan Narayan Azad & Anr. (SC)

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Protection of Women From Domestic Violence Act, 2005–Sec. 12–Order of maintenance–Set aside by High Court with the view that the certificate issued u/s. 13 of Special Marriage Act rendering the marriage null and void hence the appellant-wife could not be held the legally wedded wife–Whether justified ?–Held, no–In absence of any valid decree of nullity or the necessary declaration, Court will have to proceed on the footing that the relationship between the parties is one of marriage–Production of certificate u/s. 13 was not sufficient to render a complete and effective decision with regard to the
marital status of the parties and that too in a collateral proceeding for maintenance.