If wife filed for Annulment/Divorce on the ground of husband's impotency, can she ask for maintenance? Husband already denied the allegation of impotency in his counter.
mrgop (Owner) 04 June 2010
If wife filed for Annulment/Divorce on the ground of husband's impotency, can she ask for maintenance? Husband already denied the allegation of impotency in his counter.
Adv Archana Deshmukh (Practicing Advocate) 04 June 2010
G. ARAVINTHAN (Legal Consultant / Solicitor) 05 June 2010
If she is capable of evidencing she is having no income, she can get maintenance from her husband
mrgop (Owner) 05 June 2010
By filing for Annulment on ground of impotency, wife is of the view that the marriage is not consumated and void. But at the same time she ask for the maintenance, which is the relief only for wife/husband in a fulfilled marriage. So, would it be a contradictory stand?
mrgop (Owner) 06 June 2010
Sir, As per Hindu Marriage Act one of the condictions for Hindu marriage is:
(ii) at the time of marriage, neither party-
(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
(c ) has been subject to recurrent attacks of insanity
Wife filed for annulment/divorce showing husband's impotency and mental problems as reasons. So, as per the above clause the marriage has not been taken place because of husband's unsound mind. Then how can wife claim maintenance on sec 24?
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