karthik 22 February 2020

Divorse

My uncle married in 1970 and due to some issues they seperated in 1year.

High court gave judgement that mariage in invalid since it was not done as part of hindu tradition in 1980

Query:After 40 years of seperation can she claim maintainence

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5 Replies

karthik 22 February 2020

High court Judgement was "No valid marriage existed since no too-ring and yoke performed"

Adv Haresh Raichura (Advocate on Record) 22 February 2020

High Court Judgement does not sound right. Marriage could have been Voidable if certain procedure not followed.
2) 40 years is no problem because maintenance is continuous right
3) But first HC judgement has to be challenged in Supreme Court

karthik 22 February 2020

40 years of separation is not automatic divorse?

MaryFlores (Assistant) 23 March 2020

Looks like we are talking about almost similar situations. My dad was married to another woman when he lived abroad, but when he left the country, met my mother, they lived together for 20 years and he thought that his previous marriage wasn’t legal. So when he proposed to mom and they decided to get married, they found out that they couldn’t because dad was married for 23 yrs. So he had to look for divorce papers Utah and file for an uncontested divorce.