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Utkarsh   22 April 2020

sexual fitness section 12

is it compulsory to give compensation or alimony or maintanance to Your wife even if you have proved your s*xual fitness under section 12?


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 4 Replies

prathosh   23 April 2020

No it is not Compulsory to give compensation or Ailmony or Maintenance to your wife if s*xual fitness is proved under section 12 .

Recently the Bombay high Court has upheld the law and said when s*xual fitness is proven .then the man is not required to provide maintenance to her wife .

Justice Nitin Sambre of Bombay High court in Jan 2020 Judgement provided this Judgement .

ANAMIKA VICHARE (LAWYER)     23 April 2020

In my opinion, you may have to give if the wife proves that despite being fit, youdid not consummate the marriage owing to having your love affair with someone else

 

Utkarsh   23 April 2020

@prathosh sir..can you please provide case number,opponent,defendent names so that i can search on google or search though advocate??

Utkarsh   23 April 2020

@anamika vichare mam,non consummation is happened because of mental pressure from her and her family.Performance anxiety occured.She filed case under section 12 claiming that husband is impotent before marriage which was not informed .My 23 medical tests reports are normal.

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