If wife eunuch maintenance will be paid
kashyap
(Querist) 19 March 2013
This query is : Resolved
Dear Senior
my wife is a female eunuch earlier i came to know but i am not having report but it is not matter worry because i will request to MM to get her medical checked up any hospital but my concern is that until get her checked up till than i will have to pay maintenance or not whereas i am MBA student.
second thing i will pray to MM to get her medical checked up MM will believe me or not because i am not having any evidence except truth. she have had never monthly period vagina hall might be hardly 2 or 3 inches.
it is not consummate marriage. I am not sure that she is xx yy xo maybe she is yy but not 100% women she is unique.
i have been married 6 year 10 months when my parents wanted to go her in hospital to get her checkup she had denied and after two days she absconded alongwith entire jewellery when i had tried to carry her several time. but she had denied when i had asked her about jewellery she had told me that i had no prof that she had brought jewellery how would i prof in court.she has filled d.v. and maintenance case.dowry as well as in CAW cell.
according to me my case unique
still i am confuse what should i do in this circumstance. should i say truth front off MM or first she carry my home and get her medical report. afterthat go to court for divorce.
what is your opinion.
Please advice me.
Thank's and regards
Devajyoti Barman
(Expert) 19 March 2013
It really strange indeed that for six years you were silent about the gender of your wife.
After so many years you would be in great difficulty to prove this thing.
In any case file a suit for nullity on the given facts.
kashyap
(Querist) 19 March 2013
actually i was in 12 class when i had got married afterthat i thought first make carrer than second wife so i studied her BCA, Language Courses and so on.
But now i joined MBA Course after leaving job she had changed her attitude automatically she had forced me adopt the child but i ignored her. i was thinking that after getting respective job i will get her checkup and resolve this problem easly.
Raj Kumar Makkad
(Expert) 19 March 2013
The delay itself causes many questions which require your reply. Had you moved your petition under section 12(1) of HMA within one year of your marriage, the marriage would have been declared null and void and there might not have raised the questions which do require your reply as well as creating a lot of problems for you.
Anyway, the jewellery belongs to your wife even if the same has been given to her by your family as the same is istridhan which she can retain with her.
You can make an application before family court to direct her for her medical test as desired.
ajay sethi
(Expert) 19 March 2013
agree with experts
kashyap
(Querist) 20 March 2013
Actually my wife sister was giving me assurance that she will get married with after my wife get a respectable job they had made a strategist to pass the time all family on 2nd may 2011 her sister absconded her teacher because her teacher having lots of property and got married and my wife absconded on 14th may 2011 afterthat i came to know everything.
Leave past my life is strange i don't
I know i thing i have not done anything wrong.God Knows
Please tell about maintenance it will be paid or not in my case.
Thanks and Regards
kashyap
(Querist) 30 June 2013
Dear Senior
I had filled case under section 12(1)(a)HMA 1955 on 22.09.2012 but till today she has not given reply through lawyer she comes court at every date and says her lawyer has got accident she need time. magistrate is not forcing her to bring her lawyer whereas she has filled d.v. and maintenance case against me her lawyer comes with her every date. earlier caw cell has lodged the F.I.R. u/s 498A, 406, 34 on 12.06.2013.
i am unable to understand what is going on what should i do whereas everybody knows my case is true in spite of nobody give direction her to get medical checked up in hospital.
can my lawyer request to magistrate to get her medical checked up in hospital in which i had got her medical checked up in year 2006. st. Stephen hospital near Tis Hazari.
Please suggest me.
Thanks
Devajyoti Barman
(Expert) 02 July 2013
Have some patience. Cases in India does take time to see light of the day.
ajay sethi
(Expert) 02 July 2013
best option for you would be to get divorce by mutual consent . settle all outstanding issues and dissolve the marriage
Guest
(Expert) 02 July 2013
Strange, if you or your family could not get her medically checked up for defective monthly periods for all these years.
However, if you are trying to prove her impotent under the provisions of section 12(1)(a)HMA 1955, it would be incumbent upon you to prove that also, as a burden of proof lies on the prosecution.
Moreover, if you were studying in 12th and supposedly not being of 21 years of age when marrige took place, even then your marriage can be declared voidable under sec.12(1)(b) to seek annulment of marriage.
kashyap
(Querist) 24 August 2013
Dear Senior
i had filled application for my wife examine check up any govt. hospital on 18 july but today M.M. was absent next date is 08.11.2013 can i request to M.M. short notice date. so that as early as possible i can prove she is eunuch.
Please give advise what should i do.
Thank's and Regards
Kashyap
kashyap
(Querist) 24 August 2013
she has got F.I.R. registered against me and my family and d.v. act. at the time of D.V. date i had told to M.M. that it is not consummate marriage then M.M. had asked about Report that i do not have now i have only one option that she give direction to go to examine check up.
i after getting report my F.I.R. and D.V. Act will be Quash automatically.
i am wright or wrong.
please tell.
Thank's
Kashyap
prabhakar singh
(Expert) 24 August 2013
Your very first sentence of first post reminds me of a very popular book 'The Female Eunuch ' by Germaine Greer that became an international bestseller and an important text in the feminist movement,written in 70tys but even today it is seen relevant with time.
ANYWAY AS REGARDS TO YOUR LAST QUERY:
You are confused about that after you have medical report about her being Eunuch,her FIR case and DV case would be quashed automatically.
She would contest the report,can bring different report and then a board of specialist doctors in area would examine her,yet you would need quash cases to be filed ipso facto would not be result,on merit it could be after following due process of law.
kashyap
(Querist) 24 August 2013
Dear Senior
you are saying after getting report i will not be issued divorced decree basis of report is it wright.
i would like to tell you if court would issue divorce decree immediately she will stop automatically because i know her intention she does not want to get married me again.
could you advise i want divorce decree urgent basis. what should i do. monday should i urge to M.M. issue short date notice to get her medical is it possible she would give permission my next date is 08.11.2013. yesterday M.M. was absent. i have already put medical application on 23.07.2013. i need permission get her medical.
Thank's & Regards
Kashyap
Guest
(Expert) 24 August 2013
Instead of stretching the thread merely on hypothetical basis, better wait for the MM to decide on your application, dated 18 July, for examination of your wife by a govt. hospital. Until your application is disposed of by the MM, there is no use in discussing on the matter any further.
Devajyoti Barman
(Expert) 24 August 2013
Non consummation of marriage is not a ground for dismissal of DV case nor a ground for automatic divorce.
