In this marriage, age became a bad number

Man who divorced wife who was much older than he believed must pay maintenance

Rather than mellow with age, this was a marriage gone sour early.

A 26-year old man who divorced his wife in 2012, claiming that their marriage was not consummated and the woman was actually 17 years older than him, has been ordered to pay maintenance to her.

He had believed her to be only four years older when they were married in 2011. Summing up the case, the Madras High Court Bench here said, “Truth is stranger than fiction. There are many oddities in life. Sometimes they are unbelievable but in rarity they are believable.”

Justice P. Devadass made the observation, dismissing a petition filed by the man, challenging an order passed by a Family Court in Sivaganga district on February 12, directing him to pay monthly maintenance of Rs.2,500 to the woman. The petitioner said the marriage was not consummated because of her disinclination.

Charges were traded on both sides when seeking divorce. The woman was “a cheat” the petitioner said, since she did not reveal her true age before marriage. This was sufficient reason for him to deny maintenance.

The woman said it was the man who fell in love with her at first sight and was adamant on marrying her although she was much older than him.

Suicide threat

He had threatened to commit suicide, she claimed, if she didn’t agree. He then initiated the proposal through his parents. Moreover, she was born and brought up as a Hindu, the divorcee said, but had embraced Christianity and got baptised for his sake. Yet, he made a false claim against her, she complained.

The judge said the term ‘wife’ would include divorcee, for the purpose of Section 125 of the Cr.PC (power to order maintenance to wife, children and parents). “Whether the divorce had been obtained by the husband or by the wife, it does not matter. A divorcee is also entitled to maintenance.