NIRENDRA KRISHNA MITRA, D.K.JAIN
RANJIT KUMAR BHATTACHARYYA – Appellant
Versus
SABITA BHATTACHARYYA – Respondent
Based on the provided legal document, the key points are as follows:
A woman who enters into a void marriage is not entitled to maintenance under the Hindu Adoptions and Maintenance Act, 1956, as the term "Hindu wife" in Section 18 refers only to a legally married wife (!) .
The marriage between the plaintiff and the defendant was found to be void because the defendant had a subsisting marriage with another woman at the time of the alleged marriage with the plaintiff (!) .
The court emphasized that for a woman to claim maintenance under the Hindu law, she must be a legally married wife. A marriage that is void or invalid does not confer the status of a wife, and thus, she is not entitled to maintenance under the Act (!) .
Evidence such as marriage registration, certificates, and testimonies can establish the validity and existence of a marriage. However, the court may discard evidence if it is not properly proved or if it is issued after the institution of the suit, unless supported by statutory provisions that give it overriding authority (!) (!) .
The law recognizes that a woman living with a man for a prolonged period, who induces her to believe she is his wife, may create a presumption of marriage. Nonetheless, if the marriage is subsequently proved to be invalid or void, she cannot claim maintenance based solely on her cohabitation or presumption (!) .
The legal position is that only a valid, legally recognized marriage confers the right to maintenance under the relevant law. A void marriage, or one entered into in contravention of the law, does not establish such a right (!) .
In cases where a woman has lived with a man and had a child, but the marriage is found to be invalid or void, the man may still be held liable for damages or moral responsibility, but not for statutory maintenance (!) .
The court may award damages for immoral conduct or misconduct, even if the woman is not entitled to statutory maintenance, as a form of moral reparation (!) .
These points collectively highlight that the entitlement to maintenance under Hindu law depends on the marriage's validity, and that a void or invalid marriage does not establish such entitlement. The evidence and legal principles must be carefully examined to determine the status of the marriage and the rights arising therefrom.
( 2 ) THE defendant No. 1 / appellant in his written statement, however, categorically denied and disputed the allegations of the plaintiff that she was her lawfully married wife and that he had any obligation, to
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.