New Delhi: The Delhi High Court has rejected a husband’s plea to dissolve his marriage nearly 18 years after the wedding, after he claimed that he was under the influence of a sedative when the marriage ceremonies were performed.
The court said such an allegation could, at most, make the marriage voidable, but could not be used to challenge its validity at this stage.
Husband challenged marriage after 18 years
A Bench comprising Justices Vivek Chaudhary and Renu Bhatnagar considered the husband’s claim that he was under the influence of a sedative at the time of the wedding.
The court noted that such a circumstance would not automatically make the marriage void. At most, it could make the marriage voidable and subject to a legal challenge under the applicable provisions.
The husband’s attempt to question the validity of the marriage nearly 18 years after it was solemnised was therefore rejected.
Paying maintenance does not mean divorce
The court also noted that the husband was paying Rs 10,000 a month as maintenance to his wife.
However, the Bench clarified that paying maintenance cannot itself become a ground for granting divorce.
The court observed that maintenance is a legal obligation and that complying with a court order to make such payments does not give a husband an automatic right to dissolve the marriage.
The ruling highlights that a long-standing marriage cannot be challenged at a later stage simply by relying on an allegation that could have made it voidable, while fulfilment of a maintenance obligation cannot by itself justify divorce.
Delhi High Court rejects a husband’s divorce plea after 18 years, ruling that his sedative claim could only make the marriage voidable.