Court grants divorce but refuses annulment

A man nominating a woman as his wife in an insurance policy is not valid evidence to prove that he was married to her, a Delhi court ruled.

Additional district judge Rajender Kumar Shastri made the observation, while refusing a woman's plea to declare her marriage null, on the grounds that her marriage to the man never came into being as he was already married to another woman whom he had nominated as his wife in his insurance policy.

"Although, it is proved that 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 a nullity, the court, however, acceded her plea to grant her divorce on the grounds of cruelty and desertion.

The court issued the divorce last week, saying that her husband wilfully deserted her and did not even respond to the court's notice.

The court also noted that the man had been demanding dowry from the woman's parents to expand his business.

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