Need help on maintennace

Yes, Her petition is maintainable

^ What the answer above says. Please note, non-consummation of marriage may imply two things:

-When there hasn't been consummation of marriage per se, either because a spouse willingly refuses to consummate (based on which the ground of non-consummation of marriage can be used for divorce,) or is impotent (which provides the petitioner with grounds for nullifying the marriage.)

-The marriage has been consummated but eventually one spouse refuses to consummate or cohabit, that is offer 'marital company' to the other spouse as is the latter's marital right. (In such a case, the spouse is entitled to use the grounds of cruelty for divorce.)

Thank you Sachin.

One more qucick question on divorce case.

The burden of proof is on the petitioner to prove her allgation. How to prove that either the marriage is consummated or not consummated? What are the cases that I can file on her for her false allegation, once her petition is dismissed?

Since the author is a "fighter" he should (no alterante but to) fight it out as advised by his lawyer which he has already engaged to fight out various cases. Have faith in the capability, ability and intelligence of the lawyer contesting cases.

Seeking second opinion from the expert on this platform, just because it is FREE OF COST,  may damage the case(s) against the "fighter" .

Maintainability or otherwise of a case is to be decided on the basis of averments made therein the petition.

@ Vashista,

Sure sir. I will defenitely fight. No compromise on that.My motto is the perso who initiated the false cases has to be punished.

and as a elder and expert you already knew that seekng the second opinion will always help us to understand the various options that we have. Which will finally help to the victim like me.

Still I have n't got the answer for my question.

" How to prove that either the marriage is consummated or not consummated? What are the cases that I can file on her for her false allegation, once her petition is dismissed?"

Originally posted by : fighter
	" How to prove that either the marriage is consummated or not consummated? What are the cases that I can file on her for her false allegation, once her petition is dismissed?"

How old is your marriage?

What is the allegation of your wife is it " Non Consumation of marriage due to impotency or willful denial of consumation of marriage which amoounts to cruelty"?

@ Sachin Sir,

She stayed with me for 3 months.She used to faught with me daily for silly matters and with that reason, she alweys tried to avoid *ex with me.

To be open consummation happend on the first night and she lost her virginity(bleeded).

Now her allegation was " Non Consumation of marriage due to impotency".
 

Court will first ask her to provide some evidence ( obviously she will file affidavit for the purpose of evidence) and your lawyer will cross-examin her.

She will request the court for your medical test. Allowing the medical test or not will be the discreation of the court.

Basically impotency is difficult to prove. The only purpose is to humiliate the opposite party and to force you for mutual divorce.

You should go for mutual divorce because even you win. You can only file the case of divorce and defamation.

So better opt for mutual divorce and get free from all the cases.

I understand your point sir on mcd, but it is not possible.

I have already mentioned my point in my counter that marriage was conummated and requested the court to send her for medical examination. Which i will again ask it during the cross examination stage.

My question here is how come her affidavit will be the evidence? This is just another false allegation. If she oath on the allegation, she has to be punished my making false allegation and by submitting false evidence(chief affidavit) with the intention to ruin others life. So how can i proceed.

I strongly feel that there is always a limit for tolerance also. This kind of legal terriosts has to be punished.So please advice me.

Yes, Her petition is maintainable  

 

Originally posted by : Dr J C Vashista
	Since the author is a "fighter" he should (no alterante but to) fight it out as advised by his lawyer which he has already engaged to fight out various cases. Have faith in the capability, ability and intelligence of the lawyer contesting cases. Seeking second opinion from the expert on this platform, just because it is FREE OF COST,  may damage the case(s) against the "fighter" . Maintainability or otherwise of a case is to be decided on the basis of averments made therein the petition.

 You may go with this view with a little modification.

You may file a set aside petition with no-objection on divorce and obtain divorce and remarry.

Also in parallel you can identify all contradictory objectives among all cases including 498a and this MAT suit and others (if any) and file perjury / defamation. Sample petition and other tips are available on my FB page below. 

https://www.facebook.com/RockySmith4Calcutta/

Thank You Rocky for your suggestion on perjury and defamation. I will go through your FB page.

In my view,giving divorce(with the false allegations what she filed) is not the good idea.Which will free her from the relation and for her, no need to come to court.
I need to rotate to court to fight for the false 498a and DVC.

One more problem is, giving divorce based on her current divorce petition can damage me in other cases.

@ Rocky

Sir, I am not clear on your suggestion about set aside petition.Can you please explain.That is for what?