Palash Mukherjee (Executive) 08 October 2012

Void marriage

I am a Hindu man who is contemplating to break the marriage since his spouse has repeatedly and deliberately denied consummation of marriage. My wife is staying at her maternal house for quite some time now and actually stayed at her matrimonial house for just 15 days. If i file a case of void marriage in court, can the court force me to pay maintenance to my wife till the court gives its verdict on the matter? Isn't there any way i can seek relief in this matter? I am already been cheated by the other party since my wife or her parents have never communicated her inability for whatever reason to consummate the marriage/lead a normal conjugal life post marriage. After the imminent annulement of marriage, i will be called a divorcee for no fault of mine. When i am the deprived; i am the victim, isn't there any way to restrict the court from directing me to pay maintenance during the course of the case? Further, if the verdict goes in my favor, will the other party be bound by the court of law to pay back the money i have to pay during the course of the case?

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4 Replies

Shantanu Wavhal (Worker) 08 October 2012

during the pendency of the case, the court may grant int. maint. to the wife.

dont initiate the cases immediately.

frist try to find out the reason, why wife is unwilling to consummate the marriage.

divorce / annulment cases linger in courts for eons together. so as far as possible try to save marriage.

Tajobsindia (Senior Partner ) 08 October 2012

1. The problem here is that under S. 24 of Hindu Marriage Act are summary in nature and at that stage Court cannot embark upon enquiry about conduct of the spouse. Otherwise the very object of enacting S. 24 of Hindu Marriage Act will be defeated.

2. However to justify your query, if the Court grants annulment in your favour with a speaking and well reasoned Order then later you can launch either a criminal Case under "fraud" to recover cost r/w maintenance paid to her or lay further claims under Law of Torts.

But, in my opinion once interim maintenance paid it cannot be recovered back under “fraud” criminal Complaint Case however pecuniary claims under Law of Torts may always be claimed.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 08 October 2012

If the marriage could not be consummated due to the impotency (inability of your wife to consummate) you can get your marriage annulled. This way you won't be a divorcee. It would be as if you never got married as annullment always relates back as if the marriage was never solemnised.

Be on the watch for false 498a/406 when you do it.

Good luck !

Bharat Chugh Advocate - Delhi