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caps (x)     19 September 2013

Dv against mental cruelty & maintanance

If husband gets DV on ground of mental cruelty or any other valid ground does he still has to pay maintenance? its a few months old marriage, still not consummated . Wife has shown no interest in physical relationship.

Thanks.



Learning

 7 Replies


(Guest)

No consumation till date is a voidable marriage. In this if she is the actual cause then no maintenance to her.

 

Ref: I have posted thread by name List of All judgement's where maintenance denied to wife.Go and read the judgements which are relevant to your case.

caps (x)     19 September 2013

Thanks a lot Sufferer.

BTW, how to prove that marriage is not consummated because of the wife? They can claim its due to husband. Here husband is not impotent . If in court wife tries to show that she is very much willing to continue can court force the husband to remain in the relationship?  But I guess no husband will be willing to risk his life with someone who at the very beginning showed her true colour. Then will that affect the decision of court favouring the wife maintenance etc as if husband is the bad guy not willing to continue? 

T. Kalaiselvan, Advocate (Advocate)     19 September 2013

Under Hindu Marriage Act, a petition can be filed for annulling the marriage by a decree of nullity among other grounds,in section 12(1)(a) that the marriage has not been consummated owing to the impotence of the respondent; Once there is no marriage at all, question of maintenance does not arise, so prove her impotency and get relief, please make sure that you file the petition within one year from the date of the knowledge of her impotency. 

Advocate T Kalaiselvan, Vellore, Ph: +919443441062

caps (x)     20 September 2013

 Mr Kalaiselvan, thanks for the reply.

But if she is not impotent [i dont know if they can prove a woman impotent] and still has no interest in physical relationship. My primary enquiry  was do courts grant wife maintenance even in these types of cases [non-consummated marriages] . Thank you.


(Guest)

She need not be impotent. Even willful non-consummation of marriage can also get your marriage annulled. Collect the proofs to that extent.


(Guest)

She need not be impotent. Even willful non-consummation of marriage can also get your marriage annulled. Collect the proofs to that extent.

caps (x)     22 September 2013

how does one prove something that happens behind the closed door?  My main query was do the courts grant maintenance to wife even when its willful non-consummated one.


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