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IN THE HIGH COURT OF MANIPUR AT IMPHAL
D.KRISHNAKUMAR, GOLMEI GAIPHULSHILLU KABUI
A.Athisa, W/o late S. Akha – Appellant
Versus
L. Asha, d/o late Lokho – Respondent
JUDGMENT :
Golmei Gaiphullshillu, J
[1] Heard Mr. Ng. Premkumar, learned counsel appearing on behalf of the appellant and Mr. D. Julius Riamei, learned counsel appearing on behalf of the respondent.
[2] The present appeal has been filed against the impugned Judgment and Order dated 05.05.2018 passed in Mat (Declaratory) Suit No. 42/09/4/10/75(A)/13/05/14/3/2015 by the Ld. Family Court, Senapati, Manipur with the following prayer:
(i) to allow this Family Court first appeal;
(ii) to issue notice to the respondent;
(iii) to call for lower court record being No. Mat. (Decl.) Suit No. 42/09/4/10/75(A)/13/05/14/3/2015 from the Ld. Family Court, Senapati;
(iv) to stay the impugned order dated 05.05.2018 during the pendency of the appeal passed in the said Mat. (Decl) suit.
(v) After hearing to set aside the impugned order dated 05.05.2018 in the interest of justice.
[3] The case of the appellant is that the respondent has filed a Matrimonial (Declaratory) Suit No. 42/09/4/75(A)/13/05/14/3/2015 against the present appellant u/s 7(a)(e) the Family Court Act, 1984 praying for passing a decree of declaration that the respondent is the legitimate wife of the deceased S. Akha Mao and the counter claim
The court ruled that the appellant failed to prove her marriage under customary law, while the respondent's marriage was valid, leading to the declaration of the respondent as the legal wife entitled....
A marriage is void if one party has a living spouse, and customary divorce must be proven to be legally recognized.
A marriage must be validly proved under customary law with clear and certain evidence, beyond mere cohabitation or undocumented assertions.
A continuous cohabitation raises a presumption of marriage; the disputing party carries the burden of proof to establish otherwise.
The legal effect of nominations in service records does not confer ownership or override the legal marital status established, as jurisdiction of Family Court extends to marital conflict resolutions.
Restitution of conjugal rights – If photographs are available, they require a non-biased approach for their consideration.
As per Section 7 of Hindu Marriage Act, 1955 a Hindu Marriage is considered to have been performed only upon completion of Saptapadi.
The court ruled that a customary marriage unregistered post the Law Reform (Marriage and Divorce) Act 1976 is void, denying claims for spousal status and property.
In the absence of any special Rules to the contrary, the nominations referred to under Rule 143 of the Assam (Services) Pension Rules, 1969 will be applicable.
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