Maintenance/alimony liability under voluntary withdrawal of wife ?
Querist :
Anonymous
(Querist) 05 December 2011
This query is : Resolved
Dear Experts,
My wife left me on Apr, 2006. I filed a divorce case on July, 2007, u/s 13 (1-a)(1-b) on cruelty and desertion grounds in family court. She filed her counter on Dec, 2008 (after 18 months), in which she claimed that I'm impotent and divorce be granted on her ground and not on my grounds. She also asked for the counter claim of Rs. 50L for suppressing the impotency fact before marriage. Though, in her counter, she claimed that she was necked out of the house, but during the cross-examination, she said that the only reason for her living separate from husband is due to his impotency and there is no other reason for her living separately.
Now I had gone through the medical board tests as requested by her and proved to be normal (i.e i'm potent). So, her allegation of impotency is wrong.
In the above circumstances, I have the following queries.
(1) Do I have any liability of paying her any maintenance under the above said facts? If no, please provide me the citations, which I can use to strengthen my case.
(2)Since, her allegation is a very serious one, which resulted in the degradation of my character before the society, do you advice me to file a defamation case against her and her father, both alleged i'm impotent!!! Please point me to some good citations, in the similar cases.
(3) Since, she now lost her claim, can she ask me to go through the second opinion (medical board)? what is the chance that judge may oblige to her request, if at all she asks to prolong the case? And how should I object to such a request?
Regards
ajay sethi
(Expert) 05 December 2011
is this not a repeated query . we had answerded this query earlier .
in any case we had advised you not to file for defamation but concentrate on your divorce case .
the court may not grant her request for second opinion since you have undergone all tests before govt recognised centre
Devajyoti Barman
(Expert) 05 December 2011
1. Yes, you are still liable to pay alimony.
2. No point in doing that as failure to prove allegations does not amount to defamation.
3.Chances for second opinion is there though very .negligible
Shonee Kapoor
(Expert) 06 December 2011
Agreed with Mr. Barman, with one rider, if divorce is granted on your terms, the alimony would be considerably less.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 06 December 2011
Sir,
This is not a repeated query. Last time, when I posed the query at that time, medical board report had not arrived, So you had asked me to wait till the report comes. Now that report has come, I have made these queries with complete case history.
So, I again request you to further guide me, as to what should be done now. Since, she had alleged i'm impotent, which was wrong and put me to shame before the public, and if I don't take action, then many more people will again have to go through the same pain I had undergone.
Instead there has to be precedent, so the above queries and request for replies.
Thanks for your expert guidance.
Querist :
Anonymous
(Querist) 06 December 2011
Please reply with citations to strengthen my case during arguments.
ajay sethi
(Expert) 06 December 2011
no case for defamation is made out . wait for your case to be disposed of .
you will merely waste your hard earned money on lawyer fees in filing criminal complaint for defamation .
