Regarding alimony and maintaince

713 votes

I understand AMOFOI provides certain Certificate with witnesses , after their so cslled Marriage ceremony. So the Opp. party would have some proof that , you both are married. Though legally speaking These type of marriages are Not Hindu marriage , nor have any legality , as a Regd. marriage. But though it's not a valid marriage , as per Hindu law , or under any law , still your spouse can get maintainance , if she can prove that , both of you had remained together , for some period , as husband and wife , hence will get the status of a live in relationship , which will entitle her to get maintainance.

Advocate Pradipta Varma LawRato

944 votes

The first issue is to verify what exactly you mean by “married in AMFOI.” Merely participating in a ceremony or obtaining a document from a private organisation does not by itself establish a legally valid marriage. If you are claiming marriage under the Special Marriage Act, 1954, the statutory procedure before the Marriage Officer is important, including declaration by the parties and three witnesses, solemnisation and entry of the marriage certificate in the Marriage Certificate Book. Therefore, before concluding whether you need divorce or whether the marriage itself is legally valid, the AMFOI document/certificate and all documents signed by both parties should be examined. Do not assume that the marriage is invalid simply because no religious rituals were performed. Regarding maintenance/alimony, an invalid or disputed marriage does not automatically mean that the other party can never claim any monetary relief. The entitlement depends upon the applicable law, nature of the relationship, facts of the case and proceedings invoked. Therefore, it would be unsafe to give a definite “no maintenance” opinion without examining the documents. The allegation of blackmail using private/intimate photographs or videos is more serious and should be dealt with separately. Preserve all WhatsApp chats, messages, emails, call details and screenshots containing threats. Do not delete or circulate the private material yourself. Depending upon exactly what threats have been made, appropriate criminal/cyber remedies may be available. I would suggest getting the marriage documents and blackmail communications legally examined first. Only thereafter should you decide whether to proceed for divorce/nullity and/or initiate separate action regarding the threats.

Advocate Madhumita Chand LawRato

692 votes

From the facts you have told me, the first thing we need to check is whether your marriage was legally performed. Just because the marriage was not registered does not mean it is automatically invalid. If you are governed by Hindu law, we need to see whether the required marriage rituals/customs were actually performed. Photographs, videos, witnesses, priest details and any other proof of the marriage will be important. If no proper marriage ceremony took place, there may be a legal ground to question whether a valid marriage ever existed. However, this will depend on the actual facts and evidence. Regarding maintenance or alimony, you should not assume that your wife cannot claim anything simply because the marriage is disputed. Her right will depend on the law applicable to your case and the facts, including both parties’ financial position. The fact that you have no children does not automatically end such a claim. Regarding the alleged blackmail using your private photographs/videos, keep all messages, screenshots, calls and threats safely. Do not delete or circulate them. After checking the marriage evidence and the blackmail material, we can decide whether you should proceed for divorce, declaration/nullity of marriage, or take separate criminal/cyber action against the threats.

Advocate Benjamin Sishu LawRato