Delhi High Court Grants Maintenance to Woman Despite Invalid Marriage
Woman can claim maintenance in invalid marriage, rules Delhi High Court
The Indian Express
Image: The Indian Express
The Delhi High Court awarded ₹9,000 monthly maintenance to a woman living in an old-age home, despite her marriage being declared void due to her previous marriage not being legally dissolved. The court emphasized the need for financial support to prevent hardship, given the husband's better financial position as a retired government employee.
- 01The Delhi High Court upheld a family court's ruling that the woman's marriage was void due to her prior marriage not being legally dissolved.
- 02The court ordered the husband to pay ₹9,000 per month in maintenance, highlighting the woman's lack of income and support.
- 03The husband, a retired government employee, was found to be in a better financial position to provide assistance.
- 04The court noted that the woman failed to prove a legally recognized customary divorce from her previous marriage.
- 05The ruling reinforces that a marriage performed while a previous marriage is still valid is considered void under the Hindu Marriage Act.
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In a recent ruling, the Delhi High Court granted ₹9,000 monthly maintenance to a woman despite declaring her marriage void. The court found that denying financial support would cause significant hardship to the woman, who was living in an old-age home and lacked any independent income or family support. The husband, a retired government employee receiving a pension, was deemed capable of providing financial assistance. The court's decision came after an appeal against a family court ruling that declared the marriage null and void due to the woman's failure to legally dissolve her previous marriage. The court emphasized that evidence presented did not establish a valid customary divorce, which must meet strict criteria. This case highlights the court's commitment to ensuring that individuals, particularly vulnerable women, receive necessary support regardless of the legal status of their marriage.
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The ruling ensures that individuals in vulnerable situations, such as the woman in this case, can receive financial support despite legal complexities surrounding their marital status.
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