Prashanth (self employed) 09 July 2009

Please clarify...

1. When proved by husband, that there is no "consummation of Wed-Lock" for 2yrs immediately after marriage; can such a marriage be treated as "IRRITRIEVABLY BROKEN" and "Divorce" granted without "Alimony", as the spouse (wife) is earning more than Rs/-20,000per month.?
This is a case of spouse (wife) suffering from "Serious mental disorder" and under medication since 8&1/2 yrsprior to marriage, and finally diagnised as "Sn.A.D+DEP" prior to marriage, as discovered by husband.

2. Under what conditions, a "LIVE_IN_RELATIONSHIP" of husband with another unmarried woman can be legalised without alimony when there was no "Consummation of Wed-Lock" with married woman for 2yrs immediately after marriage and not living under ONE ROOF.

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2 Replies

V.S.R.Deekshitulu (B.Sc, B.L) 09 July 2009

Prashanth

Mere non consumation of marriage cannot be said that the marriage is IRRITRIEVABLY BROKEN"

Even the apex court is of the opinion simply because that the marriage is Irritrievably Broken divorce cannot be granted as a matter of course.

As you said that she got the ailment even prior to the marriage. You have come to know of the same only now through the examination of the doctor. Thus the ailment of the wife is concealed and was wrongly represented to the husband for for obtaining his consent for the marriage. There is some fraud. Take the Assistance of Sec. 12 of Hindu Marriage ACt. In this regard. Or go to Sec. 13.

Payment of Maintenance is a question to be decided by a court of law and since the wife is also earning sufficiently, you may have a positive order

Adv. Deepak (Advocate) 09 July 2009

Mr. Prashanth, Mr. V.S.R.Deeksh*tulu is absolutely right. Without obtaining divorce by court of law, you cannot establish legal relationship with another unmarried woman. However, noone can stop you to establish live-in-relationship with another unmarried woman. It is not an offence under any law. In that case, any action if required to be sought is to be taken by your wife. She has to prove before the court that you have established legal relationship with another woman, which is not possible for her. However, when you say that she is earning Rs.20,000/- that means her physical condition is not an obstacle for her normal behaviour in the outside world. Then in that case, it will be highly difficult for you to prove that she is not in a position to consummate the marriage or her mental condition makes her incapable for the act.