This is a legal problem involving a married couple, Mr. Shyamsunder and Mrs.
Jayalakshmi
Chettiar, residing in India. Let's break down the situation and address the questions:
Key Facts:
● Marriage: They were married on April 5, 2000, in Gondia according to Hindu Vedic Rites.
● Non-Registration: Their marriage was not registered under any law.
● Infidelity: Mr. Shyamsunder is not faithful to his wife and has been living with Mona
Francis for the past two years.
● Maintenance: He refuses to maintain his wife.
● Jayalakshmi's Status: She is a housewife and unable to maintain herself.
● Shyamsunder's Employment: He works as a Senior Clerk at P.W.D. Gondia.
● Separation: Jayalakshmi left the matrimonial home and is now living with her parents in
Bhandara.
Questions and Analysis:
1. What relief Jayalakshmi can claim?
● Maintenance: Under Section 125 of the Code of Criminal Procedure, 1973, or under the
Hindu Marriage Act, 1955, Jayalakshmi can claim maintenance from her husband as she
is unable to maintain herself and he has neglected or refused to maintain her.
● Restitution of Conjugal Rights: She can file a petition seeking a court order directing
Shyamsunder to return to the matrimonial home and resume cohabitation.
● Judicial Separation: She can file for judicial separation on the grounds of cruelty (due to
infidelity) and desertion.
● Divorce: She can file for divorce on the grounds of adultery and desertion.
● Declaration of Marital Status: Given that the marriage was not registered, she might
need to seek a declaration of her marital status to establish the validity of the marriage.
2. Whether she is entitled to maintenance if she files a divorce petition?
Yes, Jayalakshmi is entitled to maintenance even if she files a divorce petition. She can claim
interim maintenance during the pendency of the divorce proceedings and permanent alimony
after the divorce is granted. The court will consider factors such as her inability to maintain
herself, Shyamsunder's income, and other relevant circumstances while determining the amount
of maintenance.
Arguments for the Petitioner (Jayalakshmi):
● Valid Marriage: The marriage was solemnized according to Hindu Vedic Rites, which is a
valid form of marriage under Hindu law.
● Adultery and Cruelty: Shyamsunder is living with another woman, which constitutes
adultery and mental cruelty.
● Desertion: He has deserted Jayalakshmi by refusing to maintain her and forcing her to
leave the matrimonial home.
● Financial Dependence: Jayalakshmi is a housewife with no independent source of
income and is unable to maintain herself.
● Sufficient Means: Shyamsunder is employed and has sufficient means to provide
maintenance.
Arguments for the Respondent (Shyamsunder):
● Non-Registration of Marriage: The marriage was not registered, which may affect its
validity and recognition under certain laws.
● Lack of Evidence: There may be a lack of concrete evidence to prove adultery or cruelty.
● Voluntary Departure: Jayalakshmi left the matrimonial home voluntarily without any
justifiable reason.
● Capability to Earn: Shyamsunder may argue that Jayalakshmi is capable of earning a
livelihood and is not entirely dependent on him.
● Excessive Claim: The amount of maintenance claimed is excessive and beyond his
means.
Legal Considerations:
● Hindu Marriage Act, 1955: This act governs Hindu marriages in India and provides
provisions for maintenance, divorce, and other matrimonial reliefs.
● Code of Criminal Procedure, 1973 (Section 125): This section provides for
maintenance to wives, children, and parents who are unable to maintain themselves.
● Evidence Act, 1872: This act governs the admissibility of evidence in Indian courts.
Note: This analysis is based on the information provided in the image and should not be
considered legal advice. Jayalakshmi should consult with a lawyer to understand her rights and
options and to pursue appropriate legal remedies.
