Legal Question in Family Law in India
Need help
We have filed a case against My husband & Inlaws under maintainence act[1955].
Nw My In-laws are declaring me Mentally Unfit In thier Petition,They have expressed tht acc to thier FAMILY doctor i hv mentall problem since childhood,bt they never tk me to any doctor for examination..? can court ask for proof of their doctor prescription,in wich doctr has declared me unfit without checking me...?
I as a WIFE, doubt tht he is physically unfit,bt we hv nt written in our petition,cs we dnt hv any written proof..!can we do this too..!he dnt hv any interset in Physical relations at all,we hardly hv involved in relationship 3-4 times in in first 6 -7 months of our marriage..!If i Ask for tht,he went out of the room to sleep with his mom...I never force him to involve in physical relation cs of fear..??
wat to do..?? shud we write this incidence in our petition..??
help please.
Acc to me,they hv dn this for not-giving me maintainence in future.I am graduate & NTT..! can education matters in MAINTAINENCE.?
help please.
3 Answers from Attorneys
Re: Need help
No court may ask such proof;
There is no need to mention about the physical aspect of relationship;
You may need to draft your petition and replies with the help of your lawyer who may be conducting your case. The opinions from other sources should not prejudice your mind.
Re: Need help
u dont have to bother about their allegation as they cannot avoid the maintenance on the ground of your insanity as the same is not recognized under the law. have you filed a complaint under domestic violence act or not. regarding his physical or psychological impotency, this ground may declare your marriage null and void but at the same time take away your right to maintenance. better not sail in two boats.
claim compensation, maintenance and other orders under domestic violence act.
your posts clears that you are not mentally unstable rather a girl of sound mental health.
best of luck.
Re: Need help
You may also file petition under DVA stating your husband's attitude and your anguish about the physical relationship.You may also file a complaint against the doctor in the MCI for the improper allegations against you by the doctor.
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