Tuesday, March 8, 2011

Delhi court grants divorce but won’t nullify marriage

New Delhi: A man making a woman his nominee as his wife in an insurance policy is not a valid evidence to prove that he was married to her, a Delhi court has ruled.

Additional district judge Rajender Kumar Shastri gave this ruling while refusing a Delhi woman’s plea to declare her marriage a nullity, on the ground that her marriage to the man never came into being as he was already married to the woman whom he had nominated as his wife in his insurance policy.

cy, it is not proved that she was his legally wedded wife,” the court ruled, refusing the plea by the woman living in Khanpur village in south Delhi. Refusing to declare her marriage with the man a nullity, the court, however, acceded her plea to grant her divorce from the man on the grounds of cruelty and desertion.

The court issued the decree of divorce for the woman last week, saying that her husband wilfully deserted her and did not even re-“Although, it is proved that respondent had nominated another woman as his wife in his LIC polispond to the court’s notice on woman’s plea for divorce.

It also noted that the man had been demanding dowry from the woman’s parent to expand his business.

“It is well established that it was the respondent, who left matrimonial house without any reason and did not join the petitioner,” the court said “Similarly, giving beatings without any reason under the influence of liquor and demanding cash like Rs 2 lakh to improve the business, amounts to cruelty,” the court said. PTI

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