City’s family court lawyers have lauded the recent Bombay High Court ruling that it is not mandatory for women to produce proof of marriage to demand maintenance from estranged husbands.
Calling it a landmark judgment, the lawyer fratenity said that in such cases, maximum time is consumed in locating the proof of marriage.
Justice Abhay Oka of Bombay High Court had pronounced the verdict last week while hearing the case of petitioner Suman Satav who had married Nivrutti Satav in 1981. The couple have a daughter.
Suman alleged that Nivrutti ill-treated her and threw her out of the house in 1991 after he married another woman.
Suman had applied for maintenane from Nivrutti in a magistrate court but was denied the maintenance as she failed to prove her marriage.
Nivrutti, in the court, also denied marrying her. She challenged the decision before the high court and was granted a maintenance of Rs 500 per month, with arrears since 1991, from her husband
“There are several cases like these that are registered in the court, but are stuck because of lack of marriage evidence. Locating marriage proofs is the most tedious and time-consuming task especially in case of weddings that take place in rural areas,” said advocate Asunta Pardhe, activist and lawyer at Pune family court. She said that many women fail to register cases in the court for lack of marriage proof. “Marriages in rural areas still take place with exchange of ‘Akshada’ (paddy) between the bride and groom’s family. It is difficult to find marriage proofs like the weeding invitation card or a photograph to produce in the court,” she said.
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