Sanjeev (Project Manager) 20 May 2011

Non-consummated marriage. Maint / Alimony ?

Hi Learned Friends,

I am the ex-husband.

Upon my petition, Hon'ble Family Court, after a 11 month trial granted divorce & dissolved the marriage on TWO grounds. Orders have been released.

1.Cruelty (wife denying conjugal life to husband - marriage not consummated) and

2. Desertion.

During the trail of Divorce case, maintenance arrears case under section 18 of HMA Act. was filed and is now in progress.

Is she entitled to maintenance arrears / maintenance / alimony ? Please advice me with citations. Thanks in advance.

Regards,

Kumar

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5 Replies

niranjan (civil practice) 20 May 2011

Yes divorced wife is entitled for maintenance till she remarries. Pl. see 2008 SCC 14-345.

(Guest)

Great that you could win the divorce case..But as far as laws are concerned, if the wife is rich and powerful, she will easily get maintenance inspite of the marriage remaining unconsummated. Yes, you can surely use her desertion as a strong ground in your favor!

Naresh (In search of job) 22 May 2011

Hi Sanjeev,

Congratulations on winning the divorce case on those 2 grounds. I'm in the similar situation filed divorce case on the very same grounds so would like to know more on how you proved non-cooperation for consummation and desertion grounds.

If possible could u please send me the softcopy of the judgement order, I shall be very thankful, if you could send it to me

Regards,

Nidhi Joshi (Clerk) 23 May 2011

Rahul Sharma (Others) 13 November 2012

Hello Sanjeev, Same here, Can you share the soft copy of judgment...would be very helpful for us and can prove to be blessings from your end. Please help...you can send private message....please