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Naresh (In search of job)     07 December 2011

Maintenance & alimony liability under voluntary withdrawal?

 

 

Dear members,

My wife left me on Apr, 2006. I filed a divorce case on July, 2007, u/s 13 (1-a)(1-b) on cruelty and desertion grounds in family court. She filed her counter on Dec, 2008 (after 18 months), in which she claimed that I'm impotent and divorce be granted on her ground and not on my grounds. She also asked for the counter claim of50L for suppressing the impotency fact before marriage. Though, in her counter, she claimed that she was necked out of the house, but during the cross-examination, she said that the only reason for her living separate from husband is due to his impotency and there is no other reason for her living separately.

Now I had gone through the medical board tests as requested by her and proved to be normal (i.e i'm potent). So, her allegation of impotency is wrong.

In the above circumstances, I have the following queries.

(1) Do I have any liability of paying her any maintenance under the above said facts? If no, please provide me the citations, which I can use to strengthen my case.

(2)Since, her allegation is a very serious one, which resulted in the degradation of my character before the society, do you advice me to file a defamation case against her and her father, both alleged i'm impotent!!! Please point me to some good citations, in the similar cases. 

(3) Since, she now lost her claim, can she ask me to go through the second opinion (medical board)? what is the chance that judge may oblige to her request, if at all she asks to prolong the case? And how should I object to such a request?


Regards



Learning

 7 Replies

Self service (None)     07 December 2011

#1. As she failed to provide reason of living seperate, it means she lived without any valid reason, she lost all her claims and court may give some minimum money. But cases available where court refued alimony one of such is from Delhi court. 

#2. Yes, you can file defamation. check judegemnt from MP court availabe check similr case:

https://nyayayodha.blogspot.com/2010/08/wife-to-pay-2-lakh-damages-for-alleging.html

#3. It depends on judge but court can not send just on her objection need some valid reasons.

 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     07 December 2011

Dear Naresh

Self service explained very well with judgement too

feel free to call

Rohit Shukla (Engineer)     07 December 2011

Telll me one thing ....... what did she do during those 18 months? didn't you get ex-parte divorce?

Regards,

Rohit

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     07 December 2011

Getting ex-parte is not easy Rohit. Regards, Shonee Kapoor harassed.by.498a@gmail.com

Naresh (In search of job)     09 December 2011

Dear members,

 

Some time back I remember one of the member posting a citation that there will not be alimony/maintenance, if a wife voluntarily withdraws from the husband society.

 

I will be thankful, if you could repost that judgement and any such similar judgements to fight my maintenance case.

 

Regards

rajiv_lodha (zz)     09 December 2011

@author!

Ur impotency issue is still sub-judice. U can file 4 defamation if u prove these allegations wrong in court. Court has not given its openion yet....U say that she is still fighting to prove her allegation....then DEFAMATION THEORY IS HALF-BAKED.

Wait dear, ur day will come soon!

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 December 2011

That judgement is after it is decided that she has withdrawn voluntarily without any reason.

 

In your case reason is there. Hence fight back.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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