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(Guest)

interim / permanent maintenance in case of fraud

Are there any judgements giving no or low maintenance in cases of pending annulment for fraud by wife  . please post judgements if any .



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 7 Replies


(Guest)

i don't think that wife will get any maintenance in case of fraud as in that case husband will be one who will be asking for compensation for his loss.

any expert opinions?

MK (O)     26 December 2009

maintenance is not a dole.it is to compensate the loss.

Hardik Mehta (Family Counsellor)     29 December 2009

In case of annulment, there would be no maintenance either interim or final. It is such that the marriage has not happened at all.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     01 January 2010

What type of fraud ?

5. Conditions for a Hindu marriage. – A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:-

(i)  neither party has a spouse living at the time of the marriage;

(ii) at the time of the marriage, neither party –

(a)       is incapable of giving a valid consent to it in consequence of unsoundness of mind; or

(b)      though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or …

(iii) the bridegroom has completed the age of [twenty-one years] and the bride, the age of [ eighteen years ] at the time of the marriage.

(iv)…prohibited relationship…(v)…sapindas…

12. Voidable marriages – (1) Any marriage solemnized, whether before or after the commencement of this act, shall be voidable and may be annulled by a decree or nulty on any of the following grounds, namely:-

(a) …not consummated …  (b) …in contravention… in clause (ii) of section 5, … or

(c)  that the consent of the petitioner, … obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent

(2) … no petition for annulling a marriage (a) on the ground specified in clause (c)  of sub section (1) shall be entertained if – (i) the petition is presented more than one year after … the fraud had been discovered;

(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after

the fraud had been discovered; …

 

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     01 January 2010

If you can prove fraud your marriage will be void and no question of maintenance there, but if issue is there you have to support it (maintenance).


(Guest)

there is no issue and marriage is nonconsummated one.

can u give me any judgements where no maintenance was given.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     02 January 2010

yes i sall post it soon here .


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