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Diya Arvind   12 March 2022

legal maxim

What is the scope of the maxim of "A vinculo Matrimony"?


 1 Replies

Aarushi   12 March 2022

The maxim of A Vinculo matrimony is a Latin phrase which literally means “from the bonds of matrimony”. This maxim is deals with absolute divorce and is also known as total divorce. When applied, this maxim is meant to dissolve all sorts of ties between the couples and to release them from their matrimonial responsibilities. It gives both the parties to live as if they are not married and any subsequent marriage after the application of such maxim would not be deemed bigamy. This maxim Is used in cases where the marriage is either voidable or void ab initio, such as in the case of Bigamy, child marriage, or such situations. These situations are such that states that the marriage was not real to begin with.

Usha Ratilal Dave v. Arun B. Dave

In this case the Gujarat High Court differentiated between absolute divorce (A Vinculo Matrimony) and judicial separation (A Mensa Et Thoro). It was observed by the learned judges that the use of the former maxim dissolves all matrimonial ties while the latter only suspends them.

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