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Unconsummated marriage - maintenance

Page no : 2

Ganesh Nair (Employed)     02 January 2017

Thank you Mr . Whatnot. Words like this definitely encourage us to stand up and fight even in the face of hostile situations. No body is going to believe you if I said we did not demand or take anything ..anything at all. We all considered marriage very sacred and considered it a shame to take anything from the wife's side.  We always preferred to work another extra hour or day to meet our requirementsand hold our head high. In fact ,, all of us as family stood together to make this marriage work for six long years. The lawyer has filed divorce petition under 12(1)(a) R/w 13(1)(ia) of the HMA. I think it is annulment and if not dissolution.  Different lawyers say different things about annulment. Some of them say  petition for annulment should have been filed within one year of marriage. It is so hard to throw someone out of your life when medical science has advanced so much. We did not even think about that option all these years. I think this comes under voidable marriage. This is not time bound.will keep posting about the developments.


(Guest)
Originally posted by : Anonymous Iyer
Dear helping hand, 

when  I assumed the name of Meena for my posts I did not even think about the confusion it might create. Sorry . Alright , I am the husband only. Even tough your comments seem harsh at the outset there is plenty of truth behind that. 

Non consummation of marriage  is a sure ground for divorce under HMA 1955. Vaginismus may be one of the reasons. I have only applied for dissolution.  wife has, in her written submission accepted that marriage is not consummated. Only that she has blamed me for that. I am really.  Right now I am really looking for me tips for dismissing the petition altogether or zero or low maintenance

Whether court grants you divorce depends how your advocate puts your story across.  After 6 years of marriage, your advocate could have thought some other ground for seeking divorce than nonconsummation.  There are plenty available.

Regarding IA, or Permanent Alimony, you need to prove to court beyond doubt that she is capable of earning her livelihood on her own/she has fixed assets through which she has income etc. or she has Fixed deposits gaining interest.  There are other methods to altogether avoid giving maintenance for which your advocate should have laid proper plan of action before filing divorce petition, if avoiding maintnenace was the only issue at hand, here he has to get you divorce and also avoid maintenance paying, you should have contacted seasoned advocate who deals with matrimonial disputes would be my opinion.

R Trivedi (advocate.dma@gmail.com)     03 January 2017

Iyer, Immediately after marriage you would have realized the problem, still honeymoon, abroad visits, doctor, care by your parents, great cooperation....what went wrong? An educated girl will be grateful to get in-laws like this. What did you do to her that she called you transgender? Court will come later..

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