vikasD12 29 February 2016
vikasD12 29 February 2016
How can I apply for nullity, as technically dysfunction happened from my part, claiming myself as incapable would be damaging to my own self. Even in petition she alleged of dysfunction never said impotency. However I can challenge her to file for nullity if she thinks it is incapacity, and I will oppose it.
The mentions of the word s*x in PWDVA act is entirely about s*xual abuse. It does not remotely resemble the situation of temporary failure. There was no wilful denial to s*x, I (husband) surrendered to all her s*xual demands - and satisfied her every night mostly intercrural s*x / non-penetrating positions.
Wife fled matrimonial home in 3 months without giving reasonable time. Non-consummation over a reasonable time raises question of cruelty etc. How much time is reasonable ?
If I am voluntarily willing to offer myself to any kind of examination, can her persistence on such wild allegation stand ?
My main objection is, whatever be the reason of non-comsummation, there was no wilful refusal, how can it be portrayed as domestic violence ? Or even s*xual abuse for that matter ? Clearly she is after money. She won't get much as MCD.
She filed DV u/s 12 and 23.
Santosh Goswami,Advocate (Freelancer) 29 February 2016
The complaint under D.V.Act is not maintainable. This is as simple as that. Such cruelty has not been covered under the act. There can not be a question of s*xual abuse. The cruelty alleged is pertinent only to the question of divorce and for nhing else. Secondly, nullity may also be countered if the impotency is temporary and can be teated.
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