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Impotency

Querist : Anonymous (Querist) 20 May 2011 This query is : Resolved 
If bride says that her husband is impotent and there is no physical relationship in between them due to husband's non erection. Then she file case of divorce, 125, 24 after living of only 2 months with her husband.Has she right to get maintenance in this condition.
M/s. Y-not legal services (Expert) 20 May 2011
As a legal wife, she is entitled to claim maintenance from her husband.. Now only she filed divorce petition. Not yet get divorced.. If divorce granted mean then also she is eligible to claim maintenance till her second marriage..
M/s. Y-not legal services (Expert) 20 May 2011
In another view, suppose divorce petition dismissed mean after that also wantonly the wife stayed away from his maternal home mean the husband need not to give maintenance.. THIS IS SUPREME COURT OF INDIA's judgment.
M/s. Y-not legal services (Expert) 20 May 2011
In another view, suppose divorce petition dismissed mean after that also wantonly the wife stayed away from his maternal home mean the husband need not to give maintenance.. THIS IS SUPREME COURT OF INDIA's judgment.
Kirti Kar Tripathi (Expert) 20 May 2011
Yes, agree with Tom.
PALNITKAR V.V. (Expert) 20 May 2011
A wife living separately without sufficient and reasonable cause is not entitled to maintenance.
Dr V. Nageswara Rao (Expert) 21 May 2011
Assuming the aife to be a Hindu:

1. Impotency of the husband is not a ground for divorce under S. 13 of the Hindu Marriage Act.
2. Impotence is a ground for "Voidable Marriage". S. 12 of HM Act says:12. Voidable marriages. (1)Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-
[(a) that the marriage has not been consummated owing to the impotence of the respondent.
3. The divorce will be dismissed as impotence is not a ground.
4.If mariage is annulled under S. 12, the decree of nullity is retrospective and it is as if the man and the woman were never married.
4.Hence, the woman cannot claim maintenence under S. 125 Cr.P.C. as she doe not come under the definition of wife under S. 125 Explanation (b): ""wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.


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