Legal Question in Family Law in India

clarification

My wife filed DVC Case in that case she mentioned ''Marriage was not consumed'' at the same time she asking maintance amount(she working women) in prayer column at the same dvc notice.

How she should ask maintance if marriage was not consumed(i know that marriage was consumed)? please let me know the clarification.


Asked on 11/25/08, 7:38 pm

5 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: clarification

You are confusing two different issues which have got nothing to do with each other.

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Answered on 12/03/08, 10:27 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: clarification

Consummation marriage has got nothing to do with maintenance.

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Answered on 12/23/08, 3:16 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: clarification

The consummation of marriage has no relationship with the maintenance. For the purposes of maintenance even a divorced "wife" is treated as "wife" in law.

If a husband is found to be impotent or fails to consummate the marriage for any reason including wife's impotency, he may still be liable to pay maintenance to his spouse.

However, if the wife has 'sufficient sources of income' either by way of salary or otherwise, that may be a factor to be taken into consideration while deciding maintenance amount. Normally, the maintenance amount is substantially reduced, in some cases nil, in case of a working woman.

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Answered on 11/25/08, 10:14 pm
Nandita Haldipur Haldipur Associates

Re: clarification

comsumation of marraige has nothing to do with maintainece

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Answered on 11/25/08, 11:19 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: clarification

till the time your marriage is either dissolved by decree of divorce or by a decree of nullity, the marriage would remain in existence. the admission on her part would certainly prove to be fatal and you may file a petition for nullity based upon her own admission.

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Answered on 11/26/08, 12:52 am


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