Buldhana woman’s maintenance claim rejected by Nagpur bank; Buldhana woman’s maintenance claim rejected by Nagpur bench

Nagpur: As per the Hindu Marriage Act, uncle-niece marriage cannot take place unless there is a tradition in the community. This is a forbidden relationship for marriage. Judge Govind Sanap of the Bombay High Court has taken an important decision in a case. Niece Savita (38) from Buldana district claimed to be married to Mama Amardas (56) and demanded maintenance. But her application was rejected by the court. As per Section 5(4) of the Hindu Marriage Act, a restricted relationship cannot be married if there is no tradition in the community.
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An uncle-niece relationship is forbidden in marriage. In addition, according to Section 5 Paragraph 1, a second marriage cannot be concluded because the first marriage still exists. Even when Savita married Amardas, her previous marriage continued. Therefore, according to these two provisions, Savita and Amardas’ marriage becomes invalid ab initio. Therefore, this judgment made it clear that Amardas is not liable to pay maintenance to Savita. Savita had filed a maintenance application in the First Class Magistrate’s court, but the application was rejected. Therefore, an appeal was filed in the Sessions Court which was also dismissed and he approached the High Court.

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