Suit for damages by husband
sachin sethi
(Querist) 12 April 2011
This query is : Resolved
A suit for damages filed by husband, against wife and her family members has been decreed, for loss of emotions, consortium, and love and affection.
The factual back grounds of the case are that husband and wife are living separate since last five years, and petitions filed by wife u/s 13 HMA and 125 Cr.P.C. have been dismissed. whereas petition filed by husband u/s 9 of HMA has been allowed, and appeals in all these cases are pending. in addition to it husband has not filed any execution in pursuance of decree passed in his favor u/s 9 HMA.
Now the trial court has allowed the claim of husband to the tune of rs. 1,00,000/- with interest @ 9% P.A.
I want to know whether such a suit is maintainable under any law relating to marriage in India. So far my knowledge is concerned I have never come across any such thing declaring law of consortium as applicable in present situation.
Please help.
Jitendar Kumar gupta
(Expert) 12 April 2011
es the husband has got the right to claim the damages for loss of emotions, consortium, and love and affection. The limitation for the execution is 12 years.
J.K.Gupta Adv.
New Delhi
9868529732
Parveen Kr. Aggarwal
(Expert) 12 April 2011
You have already contested and lost the suit. You must have taken defence and must have raised objection regarding the maintainability of the suit and the trial court must have rejected your contentions while decreeing the suit.
A civil suit can be filed by a person against another to enforce a legal right. In your case, considering the facts of the case, the trial court must have come to a conclusion that the husband was entitled for compensation from the wife.
Naresh Kudal
(Expert) 13 April 2011
Suit was maintainable so it decreed.
