• Home
  • About Us
  • Terms and Conditions
  • Privacy Policy
  • Share Your Story
  • Advertise With Us
  • Contact Us
Mens Day Out
ads
  • HOME
  • IN THE NEWS
    • ALLEGED FALSE RAPE
    • 498A CASES
    • MURDER
    • SUICIDE
    • IMPACT ON CHILDREN
    • CRIME HAS NO GENDER
    • ADULTERY
    • ALIMONY
    • DOMESTIC VIOLENCE
  • IN THE LAW
    • HIGH COURT
    • SUPREME COURT
    • OTHER COURTS
  • IN THE SOCIAL
    • GENDER STORIES
    • BLOGS
  • HIS STORY
    • SPEAK UP MEN
    • SUCCESS STORY
  • NON TIER-I CITIES
  • Donate To Us (80G Eligible)
  • मेन्स डे आउट हिंदी
No Result
View All Result
  • HOME
  • IN THE NEWS
    • ALLEGED FALSE RAPE
    • 498A CASES
    • MURDER
    • SUICIDE
    • IMPACT ON CHILDREN
    • CRIME HAS NO GENDER
    • ADULTERY
    • ALIMONY
    • DOMESTIC VIOLENCE
  • IN THE LAW
    • HIGH COURT
    • SUPREME COURT
    • OTHER COURTS
  • IN THE SOCIAL
    • GENDER STORIES
    • BLOGS
  • HIS STORY
    • SPEAK UP MEN
    • SUCCESS STORY
  • NON TIER-I CITIES
  • Donate To Us (80G Eligible)
  • मेन्स डे आउट हिंदी
No Result
View All Result
Mens Day Out
No Result
View All Result
Home IN THE LAW HIGH COURT

Woman Not Entitled To Raise Legal Right Sans Marriage With Live-in Partner | Madras High Court

Team MDO by Team MDO
November 8, 2021
in HIGH COURT, IN THE LAW
0
mensdayout.com
Woman Not Entitled To Raise Legal Right Sans Marriage With Live-in Partner | Madras High Court (Representation Image Only)

Woman Not Entitled To Raise Legal Right Sans Marriage With Live-in Partner | Madras High Court (Representation Image Only)

363
VIEWS
Share on FacebookShare on Twitter

The Madras High Court on Tuesday observed that if a couple has had a long cohabitation or lived together, will not confer upon the parties any legal right to raise a matrimonial dispute unless their marriage has been solemnised in accordance with law. 

A Bench comprising Justices S. Vaidyanathan and R. Vijayakumar was adjudicating upon an appeal moved by a woman seeking for the restitution of conjugal rights with a man who she was not legally married to. Accordingly, the court upheld the order of a Family Court in Coimbatore, reported Livelaw. The court observed,

When the marriage has not been solemnised under any one of the enactments, even assuming that there was long and continuous cohabitation or the parties were living together will not give rise to a cause of action for filing an application for restitution of conjugal rights.

Long cohabitation or living together will not confer upon the parties any legal right to raise a matrimonial dispute before the Family Court, unless their marriage has been solemnised in a manner known to law.

Case:

The appellant, a mother of two children had been previously married to her first husband who had subsequently deserted her. She alleged that she had thereafter obtained divorce from him. She further contended that in 2013 she had married the respondent in the presence of close relatives and friends. It was further alleged that she and the respondent had even exchanged rings and he had also put metti in her toes during the ritual.

Claiming that she had given large amount of money to the respondent after the reported marriage, the petitioner claimed that he had begun to live away from her from May 2016 and thereafter she had filed a petition before the Family Court seeking restitution of conjugal rights.

Defense by Respondent (Man)

On the other hand, the respondent alleged that no marriage had taken place between them and that a civil suit had been initiated by him before a District Munsif Court in Coimbatore to restrain the petitioner from claiming him to be her husband. He further stated that he was a Christian and the appellant was a Hindu and thus the alleged marriage had taken place neither in the Christian way nor the Hindu way. It was further pointed out that the marriage had not been registered under the Special Marriage Act.

Opining that the appellant was still married to her first husband since a divorce decree had not been obtained, the Court observed,

The Appellant has claimed that she had obtained a decree for divorce from her first husband, she has not chosen either to file the copy of the order or even refer the date and case number in her petition. These facts will clearly point out that the Appellant herein is a married woman and she has been deserted by her husband and she has not obtained divorce through Court.

This will clearly show that the Appellant continues to be the wife of another person whose name, the Appellant has not chosen to disclose.

The Court further opined that a Family Court has got jurisdiction to entertain proceedings for restitution of conjugal rights only between parties to a marriage. Observing further, the court concluded,

In the present case, this Court has already observed that there is no marriage at all between the Appellant and the Respondent herein. In such circumstances, the Family Court does not have any jurisdiction to entertain an application for restitution of conjugal rights.

Accordingly the petition was disposed of after upholding the trial Court’s verdict.

ALSO READ –

Two Contrasting Orders On Live-in Relationship Between Married Woman & Partner | One Faces Bigamy; Other Protection

READ ORDER | Both Live-In Partners Are Living Lustful & Adulterous Life Without Obtaining Divorce From Their Spouses

Adultery Not An Offence | Punjab & Haryana HC Grants Protection To Live-in Couple Where Man Is Not Yet Divorced

There Is No Law Like Domestic Violence Act For Husband To Proceed Against Wife | Madras High Court

Freebie Culture Makes People Lazy | Not Connected With Job Creation Or Development: Madras High Court

ALSO WATCH –

Gurgaon Girl Files 7-Rape Cases On 7-Different Men | Deepika Narayan Bhardwaj

Join our Facebook Group or follow us on social media by clicking on the icons below 

Join our Facebook Group or follow us on social media by clicking on the icons below

Donate to Men's Day Out!

Blogging about Equal Rights for Men or writing about Gender Biased Laws is often looked upon as controversial, as many 'perceive' it Anti-Women. Due to this grey area - where we demand Equality in the true sense for all genders - most brands distance themselves from advertising on a portal like ours.

We, therefore, look forward to your support as donors who understand our work and are willing to partner in this endeavour to spread this cause. Do support our work to counter one sided gender biased narratives in the media.

Donate Now (80G Eligible)

To make an instant donation, click on the "Donate Now" button above. For information regarding donation via Bank Transfer, click here.

Follow Us

Tags: high court judgementsin the lawlive-in relationshipMadras High Court
Team MDO

Team MDO

Leave a Reply Cancel reply

Your email address will not be published.

Support Us To Spread The Cause
  • Trending
  • Comments
  • Latest
mensdayout.com

Husband Sends Wife To NZ On Study Visa By Paying Rs 21 Lakhs | Wife Blocks His Mobile After Reaching

October 2, 2019
mensdayout.com

Humans Of Bombay Post One-Sided Sob Story By Wife; Here’s What Brother Of Deceased Husband Has To Say

June 8, 2020
mensdayout.com

Bengaluru Woman Alleged Assault | Zomato Delivery Man Shares His Side Of Story

March 11, 2021
mensdayout.com

Daughter Takes Mum On Her Honeymoon; Months Later Mother Is Pregnant With Son-In-Law

January 20, 2020
mensdayout.com

Accountant Left 24-Page Suicide Note Alleging Harassment And Infidelity By Wife

23
mensdayout.com

ASCI Upholds Complaint | CARS24 Sexist Ad To Be Modified Or Withdrawn By June 17

16
mensdayout.com

“I Curse Myself For Getting My Son Married As Per Indian Laws”: Story Of A Senior Citizen Father

15
mensdayout.com

Greta Thunberg – Zero Solutions – Nominated For Nobel Prize | Boyan Slat – Ocean Cleanup Project Goes Unnoticed

12
mensdayout.com

WATCH VIDEO | Swati Maliwal Slaps Man Accused Of Burning His Wife; Social Media Questions DCW Chief’s Authority To Raise Hand

May 23, 2022
mensdayout.com

Kanpur Bride Refuses To Marry Because In-Laws Did Not Gift Her Real Ornaments | DowryFreeIndia?

May 23, 2022
mensdayout.com

READ ORDER | Maintenance Cannot Be Rejected Even If Wife Has Sufficient Money After Selling Property: Allahabad High Court

May 21, 2022
mensdayout.com

Disha Rape Case | Encounter Of Accused Men By Hyderabad Police Fake: Commission Report

May 21, 2022

Follow Us

Recent News

mensdayout.com

WATCH VIDEO | Swati Maliwal Slaps Man Accused Of Burning His Wife; Social Media Questions DCW Chief’s Authority To Raise Hand

May 23, 2022
mensdayout.com

Kanpur Bride Refuses To Marry Because In-Laws Did Not Gift Her Real Ornaments | DowryFreeIndia?

May 23, 2022
mensdayout.com

READ ORDER | Maintenance Cannot Be Rejected Even If Wife Has Sufficient Money After Selling Property: Allahabad High Court

May 21, 2022
mensdayout.com

Disha Rape Case | Encounter Of Accused Men By Hyderabad Police Fake: Commission Report

May 21, 2022

Subscribe To Our Newsletter

    Subscribe to our mailing list to receive monthly updates in your inbox!

    Mens Day Out

    Men's Day Out publishes articles about Men's Rights, Gender Biased Laws, Impact on Children of Separated Parents & His Story. Do check out the "Other Side.

    Follow Us

    Browse by Category

    • 498A CASES
    • ADULTERY
    • ALIMONY
    • ALLEGED FALSE RAPE
    • BLOGS
    • CRIME HAS NO GENDER
    • DOMESTIC VIOLENCE
    • GENDER STORIES
    • HIGH COURT
    • HIS STORY
    • IMPACT ON CHILDREN
    • IN THE LAW
    • IN THE NEWS
    • IN THE SOCIAL
    • MURDER
    • NON TIER-I CITIES
    • OTHER COURTS
    • SPEAK UP MEN
    • SUCCESS STORY
    • SUICIDE
    • SUPREME COURT
    • Uncategorized

    Recent News

    mensdayout.com

    WATCH VIDEO | Swati Maliwal Slaps Man Accused Of Burning His Wife; Social Media Questions DCW Chief’s Authority To Raise Hand

    May 23, 2022
    mensdayout.com

    Kanpur Bride Refuses To Marry Because In-Laws Did Not Gift Her Real Ornaments | DowryFreeIndia?

    May 23, 2022
    • Home
    • About Us
    • Terms and Conditions
    • Privacy Policy
    • Share Your Story
    • Advertise With Us
    • Contact Us

    © 2019 Men's Day Out

    No Result
    View All Result
    • HOME
    • IN THE NEWS
      • ALLEGED FALSE RAPE
      • 498A CASES
      • MURDER
      • SUICIDE
      • IMPACT ON CHILDREN
      • CRIME HAS NO GENDER
      • ADULTERY
      • ALIMONY
      • DOMESTIC VIOLENCE
    • IN THE LAW
      • HIGH COURT
      • SUPREME COURT
      • OTHER COURTS
    • IN THE SOCIAL
      • GENDER STORIES
      • BLOGS
    • HIS STORY
      • SPEAK UP MEN
      • SUCCESS STORY
    • NON TIER-I CITIES
    • Donate To Us (80G Eligible)
    • मेन्स डे आउट हिंदी

    © 2019 Men's Day Out