Husband refused to give maintenance and said, "When we married, we both were minors. So our marriage was not valid. So I am not liable to pay any maintenance to wife. There is no marriage in eye of law."
Trial court gave judgement in favour of husband.
Wife went to High Court. High Court said,"If husband is right in saying that there is no marriage in eye of law, then it will be open to wife to prosecute husband for rape under Sec.376 of IPC."
Husband approached Supreme Court.
Supreme Court observed that no one in courts below had tried to resolve their dispute through mediation. Duty of court is to try to see if the disputes between husband and wife can be resolved through mediation. High Court should not have made observations which may aggravate disputes between husband and wife.
My take: Supreme Court in above case deleted the observation of High Court. It is correct that observations of High Court were not required in deciding a civil case. But the realities remain- the wife is entitled to maintenance. From whom she will get and how?
I am not clear about law in such cases.
Haresh Raichura
3/12/13
(Read a judgement dated 23/9/13)
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