Without solemnized marriage is valid or void- online legal advice

by | Sep 28, 2015

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Question asked on: 28/09/2015

My marriage is not solemnized as per ceremonies of Hindu marriage. But we have been living together since 18 march 2004. We have two children and my husband is working abroad. We came to know that without solemnization of marriage between two Hindus renders their marriage void.

If it is right then my children should be treated as illegitimate child and myself is concubine. Sir what is the legal provision in this subject and is it possible for my husband to refuse maintenance and leave us at our destiny.

Advised by: Mr. Shivendra Pratap Singh, Advocate

However it is required by section 7 of the Hindu marriage act that marriage between two Hindus shall be solemnized by any of the ceremonies prevalent in their family. Devoid of valid ceremonies makes marriage void. But in recent changes in our society and demand of society, now it may not be possible to ignore a good section of our society to let them away from any rights and legal remedies.

Law always presumes in the favour of marriage. Marriage is the sacramental act and it forms foundation of society. In Madan Mohan Singh vs Rajni Kant (2010) 9 SCC; held by the supreme court that ” the law always presumes in the favour of the marriage and against concubinage. When a man and woman have cohabited  continuously for a number of years.

However such presumption is rebuttable but untill it is rebutted presumption always be taken in the favour of valid marriage.” In Bharatha Matha vs Vijai Ranganathan (2010) 11 SCC it is held by the supreme court that children out of such marriage are legitimate.

You have been treated as a legally wedded wife and your children are legitimate. Your husband is bound by law to perform his all marital responsibilities and children have all the legal rights in his properties. You may claim maintenance.

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Shivendra Pratap Singh

Advocate, Lucknow

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