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.
5 Answers from Attorneys
Re: clarification
You are confusing two different issues which have got nothing to do with each other.
Re: clarification
Consummation marriage has got nothing to do with maintenance.
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.
Re: clarification
comsumation of marraige has nothing to do with maintainece
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.