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Krishnaya vasudevaya (--)     25 January 2015

Denial of maintenance due to non-consummated marriage

Will the family court deny the maintenance to wife since the marriage is non-consummated for the past 2 years. I have sufficient proof that I don't have fertility issues however wife is not agreeing for any medical tests. 

 

In this scenario, will the maintenance be put on hold. Will the court also not grant interim maintenance to wife due to non-consuming the marriage. 

 

Regards



Learning

 4 Replies

Shantilal Pandya ( Advocate)     26 January 2015

Grounds stated are irrelevant for defence I

Shantilal Pandya ( Advocate)     26 January 2015

Grounds stated are irrelevant for defence I

Shantilal Pandya ( Advocate)     26 January 2015

Grounds stated are irrelevant for defence

T. Kalaiselvan, Advocate (Advocate)     27 January 2015

This is not a valid ground for denying maintenance.  Marriage is not for s*x alone.  It is solemnised on the good faith that the husband will take care and maintain the wife properly.  Therefore, it becomes the duty of husband to maintain the wife as per law.  Look for some other grounds to repudiate her claim.


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