The Telegraph
Wednesday , March 9 , 2011
Since 1st March, 1999
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Nominee may not be wife: Court

New Delhi, March 8 (PTI): A man making a woman his nominee in an insurance policy is not valid evidence to prove that he was married to her, a Delhi court has ruled.

Additional district judge Rajender Kumar Shastri gave the ruling while refusing a Delhi woman’s plea to declare her marriage a nullity.

The woman had made the plea on the ground that her marriage to the man never came into being as he was already married to the woman whom he had nominated as his wife in his insurance policy.

“Although it is proved that the respondent had nominated another woman as his wife in his LIC policy, it is not proved that she was his legally wedded wife,” the court ruled, refusing the plea by the woman living in Khanpur village in south Delhi.

Refusing to declare her marriage with the man a nullity, the court, however, acceded her plea to grant her divorce from the man on the grounds of cruelty and desertion.

The court issued the decree of divorce last week saying her husband had wilfully deserted her and did not even respond to the court’s notice on the woman’s plea for divorce.

It also noted that the man had been demanding dowry from the woman’s family to expand his business.

“It is well established that it was the respondent who left the matrimonial house without any reason and did not join the petitioner,” the court said

“Similarly, beatings without any reason under the influence of liquor and demanding cash like Rs 2 lakh to improve business amount to cruelty,” the court said.

The court’s order came on a petition by the woman, who was married on June 21, 2007, according to Hindu rites and customs.

She had moved the court seeking divorce on grounds of cruelty and wanted the court to declare her marriage a nullity under the Hindu Marriage Act.

According to the act, second marriage during the subsistence of the first one is illegal and null.

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