COURT DIRECTS MAN TO PAY MAINTENANCE TO WIFE DESPITE A CLEAR FINDING THAT THEIR MARRIAGE WAS VOID
Court directs Man to Pay Maintenance to
Wife despite a clear finding that their Marriage was Void
A local court ordered
a farmer to pay his wife maintenance under provisions of the Domestic Violence
Act, after the court observed that the couple’s marriage was void.
Laljibhai & Janakben Vaghela were married in December 15
& got their marriage registered in Nadiad.
They
got married while their earlier marriages were subsisting, without divorcing
their previous spouses. The couple lived together for a year & had a
daughter.
After
matrimonial discord, the woman was forced to leave her husband’s home with the
infant girl. She filed a complaint under domestic violence laws and sought
maintenance & compensation.
Before
the court, the husband disputed their marriage & accused the woman of
threatening him with false cases to make the documents.
The court had to decide whether the couple had co-habited &
domestic violence really took place.
The
court answered these questions in the affirmative & ordered Vaghela to pay
the woman and her daughter Rs 7,500 as monthly maintenance, besides Rs 10,000
compensation for domestic violence.
Additional
civil judge at the Mirzapur rural court Abhishek Sahu said, “As for the
maintenance of the applicant, it may be seen that the marriage between the
parties is a void marriage. And thus, the applicant is not eligible for proper
maintenance from the opponent. However, the applicant will be required to be
given maintenance for the part which she has been suffering due to domestic
violence.”
The
court said that while Vaghela had his own house & agricultural land, the
woman had nothing much to prove his income. However, the fact that they lived
together as husband and wife entitled her to maintenance because domestic
violence was proved.
The
woman has to bear the burden of the child & the expense of the rented house
after being driven out of her matrimonial home.
This
led the court to pass a “reasonable order” keeping in mind the residential
requirements & maintenance of the woman and her child.
What is a ‘Void Marriage’?
A
void marriage is a marriage that is invalid or null under the laws of the
jurisdiction. It is as though the marriage never existed & it requires no
formality to terminate. A marriage becomes void, if any of the conditions
related to Section 5(1), 5(4), 5(5)
of Hindu Marriage Act, 1955 is contravened.
Marriages can be void or
abandoned in Indian Law on the following ground –
1. Bigamy – If any
of the spouses have a spouse from an earlier marriage & tend to still live
together than the second marriage can be termed as a void in the eyes of the
law.
2. Lineal Ascendants – If the
spouses are related to each other through lineal ascendants either from
father’s side or from mother’s side than the marriage between them may be void.
3. Sapinda Relations – Sapinda
relationships can be described as extended relationships through generations
i.e. father, grandfather, great-grandfather etc. Sapinda relationships are
extended to five generations of males & three generations for females.
Marriages made up of people who are related to each other through Sapinda
relations can be void in some religions.
MANISHANKAR
CEO-ANTI-CORRUPTION AND HUMAN RIGHTS MOVEMENT®-CHENNAI
Email: anticorruption.org2007@gmail.com.
Mobile: 91 9087856137
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