Legal Question in Family Law in India
Mariage Maintance
Hi,
Wife filed a dvc case in this case she mentioned marriage was not consummed( Husband knows marriage was consummed) and Sexiually physically not good in the position(Husband certifified by the doctor) like that she mentioned.
My Clarification
1) As per the Judgement in the marriage consumed cases, what type of rules applied by the court and how they will conculstion weather marriage was consumed or not?
2) The marriage was not consummed why she asking for maintance and lot of amount from husband side. If marriage was not consummed still she virgin getting into eligibale again marriage.
3) Husband is redy to pay the maintance amount if she eligible because she working women. why she again asking lot of money from husband reding marriage spoil. She have rights asking money for marriage spoil other than maintance.
2 Answers from Attorneys
Re: Mariage Maintance
(1)There are several methods to establish (a) impotency / potency of the husband and (b) virginity of the wife. It is not actual cohabitation which is important but only the 'capacity to cohabitate'. Thus if the medical evidence may prove potency of the husband, cohabitation will not be relevant.
(2) There is no relationship between maintenance and consummation of marriage. She may be entitled to maintenance without consummation of marriage.
(3) The husband may not be liable to pay maintenance amount he could establish that the wife has "sufficient" income for her living as per his 'standard of living maintained by him till the day of separation.
Re: Mariage Maintance
Consummation of marriage is taken as a ground either for proving impotency and cruelty on the ground of denial of sex.
Claim for maintenance can be denied if wife is self sufficient.
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