Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Nullity Declared. How to proceed with alimony?

Page no : 2

Avnish Kaur (Consultant)     25 December 2010

in international law "The parties are no longer spouses for the purposes of Domestic Violence Act" , any indian equivalent?
 i shall post if i get any.


(Guest)

Primarily meant to provide protection to the wife or female live-in partner from domestic violence at the hands of the husband or male live-in partner or his relatives, the law also extends its protection to women who are sisters, widows or mothers. Domestic violence under the act includes actual abuse or the threat of abuse whether physical, s*xual, verbal, emotional or economic

any how in this case the lady lived with the husband and after that she found that the husband is impotent.  The act of not having proper intercourse is also a domestic violence.  Apart from there may be some other things happened in order to screen the impotency(threatening verbal intimidation). Pendency and completion of the matrimonial proceedings will not derail the action s intitiated under DV act.

Avnish Kaur (Consultant)     25 December 2010

as far as i remember there are SC/HC judgements saying 498a and DV Act do not apply to annuled marriages.

mrgop (Owner)     25 December 2010

I think u have no chance of winning any further cases if his defence is strong as u already got annulment and u had not asked for any other reliefs ie. alimony ,return of jewelry etc in ur petition, and there is a strong question of why u delayed more than one year to file for such reliefs. U filed for annulment, and if u had any incidents which comes under DV/498a act, it would be a strong support for ur annulment case, so u can give no excuse for such a long dely in filing such cases.  First find out if you have any convincing reason to justify such a long delay?

Avnish Kaur (Consultant)     25 December 2010

is impotence a wilful domestic violence? his handicap/disease cannot be termed as domestic violence. any citation to show impotence discovered after marriage as domestic violence?

Avnish Kaur (Consultant)     25 December 2010

refer to article

https://www.lawyersclubindia.com/forum/demanding-money-at-time-of-need-not-dowry-29074.asp

 a cruelty needs to be intentional , it is not something unintentional arising out of physical / mental handicap of either spouse.


(Guest)

there are two cruelties mental and legal cruelty.  Somethings which are deemed to be cruelty.  NO stright jacket formula can be applied for every cases.  Though the case is of supreme court.  The supreme court is not also to bound by its cases.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register