In order to grant a divorce, one of the first things that the Court checks is if they were in a marriage that was legally valid i.e. a subsisting marriage. The Court can only grant a divorce if the marriage legally existed. So, it checks if your marriage existed as per the law to go forward with divorce proceedings.
For example, Bhavana and Amit are in a live-in relationship. Bhavana cannot file a divorce against Amit as they are not in a “subsisting marriage” since they have not gone through the marital ceremonies or registered their marriage under the law.
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