In the petition which I received through Court Summon, the maintainence has been stricked off with Ball Pen, I dont know who did that, but It came in a sealed envelope. As this point of time trusting anyone is quite hard, I suspect, can the same be a problem ?
Generally, in annulment cases unlike divorce cases, once decree is granted, no maintenance, alimony is granted. But during the pendency of the case, if the wife asks under Section 24, generally maintenance is granted keeping in view of the incomes of the parties. She might have second thoughts that she should not ask for maintenance and hence might have cut-off that particular portion with pen. You can check up this thing by inspecting original court file and there also, if those lines are struck off, then she might be not asking for interim maintenance. But she has got a legal right that during the pendency of the case, she may ask for interim maintenance by moving application under Section 24 of the Act. But this will be limited only till disposal of the case and after annulment, it stops as well as permanent alimony also she cannot claim as being annulment case. But, as she cut off this particular para, I do not think that she will ask for the same, unless she is provoked.
Considering the fact, she doesnt want any Alimony, can she/her family later (during the Court proceedings) ask for any compensation, when the allegation they have mentioned are entirely wrond (me being impotent & my mother being rude etc.)
Compensation generally won't ask, as there is no such provision in Hindu Marriage Act. But such provision is there in Domestic Violence Act. As she has not resorted to Domestic Violence Act and S. 498-A or Dowry Prohibition Act, for me it appears she wants to snap this relationship without any monetary claims and wants to move on in life. If you are also on the same page, take the opportunity. Generally in such cases, where wife's side spend huge amounts for addled marriage, they try to recover as much money as possible, because they have to spend again for the remarriage. As she has not asked any money, you can guess as much as I that what they actually want.
She has not mentioned/asked for any medical checkup in the petition, she has simply asked for a nullity of decree to passed. As I mentioned in my first post, " I dont wish to stay with her in any circumstances"; now will it be feasible me saying "marriage didnt consumated" but me being impotent should be proven with any medical test/doctors certificate?
After completion of pleadings, once evidence starts she can move an application seeking medical check up to you to prove her case. If you accept such allegation, then it will stick up to you that you are impotent. If such allegation is only on the paper and if it will not hamper your prospects of remarriage (YOU ARE THE BEST JUDGE), then you can refuse for medical check up with a statement that marriage has not been consummated (if really it has not been consummated) and the court will infer adversely for your refusal and grant the annulment. If you undergo medical test and succeed, then her petition will be dismmissed and you will be stuck with her, which you do not want. But before adopting this tactic of refusal for medical examination, you think coolly, because, it will be recorded in the judgment.
Considering if I contest the case, do I need to be physically present in every hearing/my advocate can represent me , as there is a major chances for me to move abroad with new job within 6 months from now.
Engage a good advocate and your presence is required twice or thrice in the entire case. First in conciliation and next at the time of your medical examination (if you desire) or at the time of your evidence.
I dont have any assets in my name & everything is in my dad's name and neither I have done any good amount of savings till date, as I started off my career in very less salary and presently I also contribute to my dad in family expenses. Now if the court asks to pay any compensation, can I get rid of this financial obligation through the facts I mentioned above to the court.
In the annulment cases, generally compensation will not be granted as there is no such legal provision. If they demand out of way to meet the marriage expenses, that is upto you to accept or to reject. The court will not grant permanent alimony in annulment cases.
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