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1995 Supreme(Cal) 467

NIRENDRA KRISHNA MITRA, D.K.JAIN
RANJIT KUMAR BHATTACHARYYA – Appellant
Versus
SABITA BHATTACHARYYA – Respondent


Advocates Appeared:
ASIT BHATTACHARJEE, BHASKAR BHATTACHARYA, P.K.NANDI, SUDIP DUTTA

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. 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 (!) .

  2. 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 (!) .

  3. 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 (!) .

  4. 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 (!) (!) .

  5. 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 (!) .

  6. 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 (!) .

  7. 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 (!) .

  8. 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.


( 1 ) THIS appeal is directed against the judgment and decree dated 22nd January, 1992 passed by the learned Assistant District Judge, 10th Court, Alipore, South 24-Paraganas in Title Suit No. 90 of 1983 and preferred by the defendant No. 1/- appellant. The plaintiff/respondent filed the above-named title suit inter alia, praying for a declaration of her right to get maintenance as well as her right of residence in the property described in item No. 1 of the plaint schedule, being premises No. 95a, Tallygunge Circular Road, New Alipore, 24-Paraganas and also for arrear maintenance alleging inter alia, that she was the legally married wife of the defendant No. 1/ appellant and their marriage was solemnised according to the Hindu rites and customs in or about 1967 and they lived together as husband and wife till November, 1977 and out of their wedlock, a child was born to them and thereafter she was driven away by the defendant No. 1 / appellant from her matrimonial home.

( 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




































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