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siva   26 December 2014

Does interim maintenance arise for null and void marriage

Let me explain briefly about my case

1/ Married on Apr 2012
2/ Divorce case filed for null and void as she is not capable to carry baby even before marriage on Jan 2013
3/ Through the HC order have got medical records about her health status which were negative to her
4/ Now trial is  happening in family court
5/ They are asking for interim maintenance. but my lawyer argued that there wont be maintenance arised in case of nullity    

My request to this lawyer forum is , could you pls share any previous HC/SC  orders or Hindu marriage act rulings to  argue for not providing interim maintenance for nullity marriage
since we are struggling to get proper HMA and IPC rulings ..

Regards,
Siva
 



Learning

 6 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     26 December 2014

Dear, Take this defence that when she was aware of the fact that she is incompetent to carry a baby and played fraud upon you then she should not be entitled to take benefit of her own wrong ..... Which section she is seeking maintenance ????? Kapil Chandna Adv. 9899011450

Shantanu Wavhal (Worker)     26 December 2014

dont waste time for interium applications.

let is happen.


try to finish the main case.


and yes ... sec. 24 IS APPLICABLE to null and void marriages also ... i have paid personally in my case.

Jai Karan Nagwan (consultant)     27 December 2014

Mr. siva, your marriage can not be declared null and void or voidable. There is no such point of law, which suggest, if a woman not able to conceive, marriage can be declared null and void. However, if she is not able to perform marital affair can be declared void, but not here. Where is written under law if woman not able to give child should have no right to lead family/ social life. Please under Stand Hindu law permit adoption and adopted son or daughter is equally competent to perform pindadana to his/ her ancestors. On the other hand while doing this, one gives shape to creation of God. If you can think that way is great, else maintainance has to be given.

T. Kalaiselvan, Advocate (Advocate)     28 December 2014

There is no law forbidding the grant of interim maintenance on the pendency of a matrimonial dispute over annulment/nullity f marriage, hence better follow the law in this regard.

N R Dash.. (Advocate)     28 December 2014

Nullity has its own legal definition which does not apply to your case. Better defend yourself & try finish the main case without wasting your time, mind & money in interim maintenance proceeding. 

Samir N (General Queries) (Business)     28 December 2014

It will be difficult for you to prove that she FULLY KNEW prior to her marriage about her medical condition and INTENTIONALLY and KNOWINGLY concealed it from you.  Had I been her advocate, I would have filed a DV case against you and asked for maintenance and interim maintenance under the DV Act. It is one of the rare instances where the DV Act rescues a woman because annulment of marriage is immaterial to the application of the DV Act. The fact that you were in a live-in relationship ("domestic relationship" in a "shared household") would provide a legal basis to your wife to seek maintenance from you. 


In any event, it is pathetic, rustic and certainly archaic for a man to seek divorce from a wife solely because she is incapable of conceiving.  If there are deficiencies in her character to compound this problem, perhaps your decision can be justified. However, punishing a woman SOLELY because she is unable to conceive attracts sympathy for her and not for you. The Judge/Magistrate may feel the same and it is most likely that you will be paying maintenance for the rest of your life - Both based upon legal as well as moral justification. 


On a different note, I do not think that this would fall under any of the IPC sections though I am not an advocate to say so with certainty.  Any of the otherwise applicable IPC sections would require knowledge, intent and motive and at least one of them would be missing in your case.


The problem with you is that you are trying to intimidate the other party with all kinds of legal threats and they are all going to back fire at you, if she gets a good advocate. Pray that that does not happen.


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