marriage not consummated
rahul
(Querist) 12 January 2015
This query is : Resolved
Respected sir/mam
I am rahul pandey, from jharkhand.
I did court marriage on 15.05.2012 in Bhubaneswar court under special marriage act without information of our parents. My wife is from orisha.
Till date my wife stay with her parents in Bhubaneswar due to her studies and I am in my home town.
She complicated her study in 2013 n after that Preparing for banking job in Bhubaneswar.
She told me after my study is completed I talk with my parents about our relationship and then come.
Few months before She tell all the matter to her elder sister but they didn't willing to corporate. And due to pressure from her sister side
she filed a case ground of section 25 special marriage act.
1) willful refusal from side of respondent.(me) above two years going to be completed.
2) marriage not been consummated two years going to be complete.
3) marriage is voidable marriage as marriage never been consummate beteeen parties.
4) I received a summon for settlement issue
5) annulled the marriage by a degree of nullity.
Her one of sister also did court marriage and her parents did not accept her till now.
My wife told me if I did marriage according to my parents then my sister came back to home that's why I am taking divorce.
Fact is that
1) after marriage in every 3 or 4 month I go to Bhubaneswar to meet with her and our marriage is consummated.
2) she stay in her home town till date due to her study
3) I did not refuse any time.
4) I am ready to stay with her.
On the above how can i defend my case.
Please help me out I did not want to divorce want to save my marriage .
What can I do.
ajay sethi
(Expert) 12 January 2015
you can defend case on merits . deny that marriage has not been consummated .
rahul
(Querist) 12 January 2015
Thanks sir.
I one thing more how can I proof our marriage is consummated.
Suggest some points if any
ajay sethi
(Expert) 12 January 2015
in your written statement you have to state that marriage has been consummated . burden of proof is on your wife who alleges that marriage is not consummated
rahul
(Querist) 12 January 2015
Thanks.
Sir from the date of marriage dated 15.05.12 till date my wife stay with her parents in Bhubaneswar and I am in my home town.
She never came to my hometown Ranchi.
in every 3 or 4 months I go to Bhubaneswar and meet with her in hotel. I have all bills of hotel.
In this situation, can she proof that marriage is not consummated ?
ajay sethi
(Expert) 12 January 2015
For non consummation of marriage she can say it on oath, get some witness to who she informed the absence of any sexual relationship with you after the marriage.
marriage wont be anulled as wife has to prove your are impotent . mere non consummation is no sufficient to get marriage declared null and void under section 12 of HMA . you can produce medical evidence that you are potent
Nadeem Qureshi
(Expert) 12 January 2015
Dear Querist
there is no law by which a person can be force to live with other, so if your wife is not willing to live with you then i don't think so that this will be better option to live with her.
try to settle the matter amicably and go for MCD otherwise fight the case on merit.
Feel Free to Call
Rajendra K Goyal
(Expert) 12 January 2015
Repeated query:
http://www.lawyersclubindia.com/experts/divorce-517146.asp#.VLO_-8nkiv8
rahul
(Querist) 12 January 2015
Thanks ajay sir for your valuable suggestion.
My last query is that
1) our marriage is registered on special marriage act then section 12 Hma you said above is applicable in my case.
2) can she ask maintenance from me even if I am ready to stay with her.
3) if maintenance is granted by court then can she or me remarried with other person or not
rahul
(Querist) 12 January 2015
Goyal sir i accepted.
But that time I not read the summon and case notice.
Thats why In this time I read and ask a fresh query.
Please resolve my last post that is last .
Please
rahul
(Querist) 12 January 2015
Goyal sir i accepted.
But that time I not read the summon and case notice.
Thats why In this time I read and ask a fresh query.
Please resolve my last post that is last .
Please
rahul
(Querist) 13 January 2015
Thanks ajay sir for your valuable suggestion.
My last query is that
1) our marriage is registered on special marriage act then section 12 Hma you said above is applicable in my case.
2) can she ask maintenance from me even if I am ready to stay with her.
3) if maintenance is granted by court then can she or me remarried with other person or not
V R SHROFF
(Expert) 13 January 2015
u say u love ur wife, marriage was consummated, and file RCR
UR last query is that
1) our marriage is registered on special marriage act then section 12 Hma you said above is applicable in my case.
NO
2) can she ask maintenance from me even if I am ready to stay with her.
YES IF NOT EARNING
3) if maintenance is granted by court then can she or me remarried with other person or not
NO
rahul
(Querist) 13 January 2015
Thanks a lot, sir.
ajay sethi
(Expert) 13 January 2015
section 12 HMA not applicable . wife can seek maintenance if she is not working
rahul
(Querist) 19 January 2015
Sir I am going to file a RCR.
I need two suggestions
1) where I file RCR , in my home town where I stay presently or in Bhubaneswar (in Bhubaneswar my wife filed a case,annulled the marriage by a degree of nullity)
2) My RCR can effect her case.
rahul
(Querist) 20 January 2015
Sir I am going to file a RCR.
I need two suggestions
1) where I file RCR , in my home town where I stay presently or in Bhubaneswar (in Bhubaneswar my wife filed a case,annulled the marriage by a degree of nullity)
2) My RCR can effect her case.
rahul
(Querist) 21 January 2015
If I file a RCR. I need two suggestions 1) where I file RCR , in my home town where I stay presently or in Bhubaneswar (in Bhubaneswar my wife filed a case,annulled the marriage by a degree of nullity) 2) My RCR can effect her case.
