Domestic violence act
Srinivas Jerripothula
(Querist) 14 January 2017
This query is : Resolved
Hi Everyone,
Myself J. Srinivas, Doing practice at Hyderabad. I have one small query, My client got married in the year 2015 and she resided at her matrimonial home for 8 months and in that 8 months, the respondent No.1 who is the husband, he never spoken with her and they dont even have any physical relationship. They went to honeymoon, there also he has taken alcohol and he slept alone. Now i request to everyone, how should i prove that he is having some problem. I have filed Interim Maintenance, in that the other side counsel has filed counter stating that, she never allowed him for sexual intercourse. As per my client, he use to come daily by 2:00 p.m. in the night and he use to sleep with his mother. He never came to her bedroom. The major point is he never spoken with her. Kindly help me in this issue.
If possible kindly provide me some citations. it will be a great help.
With Warm Regards,
J. Srinivas
J K Agrawal
(Expert) 15 January 2017
This is not a legal problem. Rather it is social one. Law is almost helpless in your case.
Impotency - you can not prove easily.
Who is deserting party? - you can not prove easily.
Maintenance - almost use less.
Judicial separation - Fail idea.
Divorce - wait for next 10 years, further you have no provable ground.
The only way out is to talk with family and friends of him and sort out the matter out of court. Your client is very young and the Law and legal proceeding will spoil her 10 most valuable years of life.
rajeev sharma
(Expert) 15 January 2017
Expert J K Agrawal has rightly suggested for a settlement. The burden of proving potency is on the party claiming it and may be proved disproved by medical examination provided opposite party acceeds to undergo such examination. All this is a long drawn process. Just press on your case try to get early dates so the pressure for settlement may be mounted.
Rajendra K Goyal
(Expert) 15 January 2017
Your client may try to save marriage, may take help of nears and dears of both sides.
If not possible should explore the possibility of Mutual Consent Divorce.
R.K Nanda
(Expert) 15 January 2017
nothing to add more.
Kumar Doab
(Expert) 15 January 2017
The suggestion of expert Mr. J K Agrawal is appreciable.
Agreed with experts.
Intervention by elders and Counseling by elders, trained counselor can help to save the marriage.
Dr J C Vashista
(Expert) 19 January 2017
Since the marriage has not been consummated it can be annulled, if the marriage is governed by Hindu Marriage Act, 1955.
Whether the girl (wife) is interested in continuing/saving the marriage or claiming maintenance from the boy (husband)?
I agree with expert Mr. J K Agarwal. It would be appropriate to discuss the issue with elderly/respectable persons from relations/society to find out an "out of Court" settlement to make or break the marriage and proceed accordingly.
