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CA Ashok kr. Agarwal (Partner)     25 August 2015

Required some guidence regarding sec 12 of hma

Sir
My wife has filed a case against me u/s 12 of HMA.
 
I want to know can I go for ex- party, what will be consequences if i go for ex- party & not defend the case. 
 
Whether she can even file the case for maintenance or compensation in voidable marriage.
 
Kindly guide me


Learning

 5 Replies

saravanan s (legal advisor)     25 August 2015

under what grounds she has applied divorce under sec 12

prabhakar advocate (advocate)     26 August 2015

There are divergent judgments on this point that in annulment petitions, the petitioner wife is entitled to maintenance or not.  So definite answer is difficult to get.  But, once marriage is annuled on the basis of wife's petition (means husband is respondent), then she will forego the maintenance.  If she is the respondent, in some cases, she got the maintenance.

Prabhakar - Advocate

(M)9958670740

Legal Aid panelist - Family Court -Central District, Delhi, Tis Hazari.

Advocate Ravinder (Advocate/Attorney)     26 August 2015

I Agree with Prabhakar.

CA Ashok kr. Agarwal (Partner)     27 August 2015

First of all thanks to everyone, She has put all the groungs available  sec 12 against me, [1] Unsound mind (Though I am qualified CA & Practicing for last 5 years ) [2] impotency [3] mentel tourture by my mom for Dwory atleast not physical tourture.

If she is not willing to reside with me, then I cant force her,so some of my family friends has suggested me not to contest the case and some say i must defend, So i am in dellima, what should i do ?

If i do not contest , then what can they do ? 

Advocate Ravinder (Advocate/Attorney)     27 August 2015

If you contest the case, you have to accept that you are impotent and unsound mind. It is better to be exparte. Since she has filed case for divorce under sec. 12, she will get divorce. It is positive to you. You will be relieved from her cluthes. In the alternative, contest the her case and in your counter you have to say that you are not impotent and unsound mind. Simultaneously, you file another case under the same clause of sec. 12 against her saying that she is impotent and also under the ground of cruelty. 


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