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FedUp (s)     04 November 2009

Maintenance

Please see my case below...why, on earth, should I pay maintenance for this girl, who is educated but wants to remain unemployed!!! Are men fated to pay maintenance ina divorce? Is there no legal precedent where maintenance can be waived?

I got married in Dec 2008 and before my wedding, I made it amply clear to the girl that I was keen on academics and I was accepting this alliance, only because she too is adequately educated (at least by her degrees). It was an arranged marriage. I even told her I had some health problems (uncontrollable fever) earlier that were cured by the time I married.

After marriage, the girl did a U-turn and I learnt that she was sorry to say this an absolute dumbo. I sought an intellectual partner (and stated this as the only basis for this marriage when I first spoke with her). She approved my interests and resoundingly said she is interested in acads too. She has health problems too and her family has an intense history of diabetes (with the risk of her getting it high). I wouldn’t want my kids to inject insulin too early in their life.

I no longer can tolerate her presence in my life, knowing that she royally cheated me into all this. Neither did I have any s*xual relations with her nor did I harass her in any way. I cannot vouch for her mental distress, as she was the one who got me into all this. Will I be charge with mental harassment in any way (for not having s*x with her)?

I didn’t take any dowry except for a medium mattress my father-in-law gifted me. She has been moving in and out of from my home (I don't stay with my parents). So practically, in the last one year, she has hardly lived for more than two months with me and that in spells of few days.

How soon can I get a divorce? Mutually or otherwise…Thanks in advance! 

 

 



Learning

 12 Replies

Meenakshi (Lawyer)     04 November 2009

 Maintenance can only be waived off for reasons being The girl has commited adultery or she herselft has initiated divorce proceedings.

Depriving your patener of s*xual needs could only lead the court to pass an order for Restitution of Cinjugal rights

If u want a divorce you can apply for Restitution of conjugal rights which means restoration of s*xual relations.This wil not in anyways help to force the wife to cohabit with the husband.

Divorce needs a very strong ground which i m sorry i dunt seen any...I still dont understand the reason you want divorce for?

I suggest You convince your wife for divorce by mutual consent which is subject to her mutually accepting to seperate.Both can then initiate proceedings for divorce this wil not take much time...Thanks

Meenakshi (Lawyer)     04 November 2009

 By saying Initiate divorce proceeding i mean if the wife is not interested to continue marriage on reasonable grounds....Only then can she not be entitled to maintenance

FedUp (s)     04 November 2009

Thanks Ms. Meenakshi for your prompt reply.

As I see and have deeply thought, th issue is profound intellectual incompatibility between us (even after agreeing that this was the basis for this relationship before the alliance started).

Am an academically minded guy working in advance research. 

R.R. KRISHNAA (Legal Manager)     04 November 2009

Your marriage is not consummated, it is a very good ground for divorce. 

Meenakshi (Lawyer)     04 November 2009

 Exactly my point Prove to the court there were no s*xual relations taken place in past whatever time u have mentioned.

1 Like

FedUp (s)     04 November 2009

Though this may sound crude, how can I prove that (except that she's not impregnated by me)?

Khaleel Ahmed (Legal Advisor)     04 November 2009

Experts advised very well.

1 Like

Meenakshi (Lawyer)     04 November 2009

. Such a union should be broken with maximum fairness and minimum bitterness, distress and humiliation.

 so Buck up and try to prove the court that there is no s*xual relation taken place.  The burden of provinf obviously lies on you if there are reasonable cause given by your wife as to why is she not consumating the relation(Disgusting living standards etc). Once An order in passed by the court the court cannot compel your wife to consumate but leads you to your want....ultimately after a year from the date of decree of rest of conjugal rights u can file a divorce petition saying The marriage is not consumated which the court will accept and you will succeed.

Why dont you convince your wife for mutual consent...She seems least interested in continuing considering what u have written above?

Meenakshi (Lawyer)     04 November 2009

 The drawback of the ground is that it that the court by passing the decree only requests you to cohabit but cant compel...and the merit here is that after a year the same thing becomes a good ground for divorce ...

1 Like

FedUp (s)     05 November 2009

Deeply appreciate your in-depth reasoning and the simpler solution (of mutual consent). Many thanks. May you get all that u deserve. 

sonu avanth (housewife)     05 November 2009

please explan about 13B mutual section.

kamal katyan (Advocate Supreme court of India)     06 November 2009

I'm very sorry but either of my Learned friends had given true / right legal advice..it seems to me that that Meenakshi could not read the problem of the situation stated by Mr. Fed Up .... He has made it very clear in his problem that only due to him the marriage could not be consumated... it means only the wife could file for divorce on this ground..

So far as the maintenance are concerned..it clear law and very well settled by the Supreme Court and High courts that even if divorce proceeding is initiated by the wife...she can claims not only maintenance but litigation charges also..

again it is wrong that - Depriving your patener of s*xual needs could only lead the court to pass an order for Restitution of Cinjugal rights- as this is no ground for passin g a decree under section 9 of Hindu Marriage Act i.e restitution of conjugal right...

So far as the incompatibility of mind are concerned it does not fail under any of the faulty grounds of divorce under section 13 of Hindu Marriage Act

The best way is to get a decree of divorce under section 13 B of Hindu Marriage Act i.e. Mutual consent decree.

 


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