Regd. maintenance

Vikas Sir, when you are married and  have applied for divorce, you will have to pay her maintenance.  The amount of maintenance will be decided by Court depending upon facts and circumstances of the case.

Madam,

Now my wife is not staying with me, she infact left the house a months back saying that she wants to go to her mothers house, but actually what happened she was loving one of her relative & she had gone with him, after one month she has returned back to her mothers house.  Now she is saying that she doesn't want to live with me & wants to marry that guy itself.  We have lodged a police complaint of missing case.  My question is as she herself has left the house, am i supposed to pay her compensation & 2nd thing is i have not had any s*xual intercouse but only oral s*x, as i have only had oral s*x, am i supposed to pay her compensation for only having oral s*x.

Can anybody answer on the below points: Thanks.

Now my wife is not staying with me, she infact left the house a months back saying that she wants to go to her mothers house, but actually what happened she was loving one of her relative & she had gone with him, after one month she has returned back to her mothers house.  Now she is saying that she doesn't want to live with me & wants to marry that guy itself.  We have lodged a police complaint of missing case.  My question is as she herself has left the house, am i supposed to pay her compensation & 2nd thing is i have not had any s*xual intercouse but only oral s*x, as i have only had oral s*x, am i supposed to pay her compensation for only having oral s*x. Pls reply

Sir, you are now coming up with detailed facts. If the wife left her matrimonial home on her own, you can file for divorce under the ground "desertion' by wife. And in that case, she cannot claim any maintenance from you.

Madam,

Thanks for the reply. 

My another query is as i have had oral s*x with her, but not s*xual intercourse.  Can she claim compensation as i have had oral s*x with her.  Pls reply.

I dont think she can.

I cannot understand that when you said - "the marriage has lasted for 7 months". If one year has not passed since the date of marriage, you are not entitled to file a divorce petition (except on the grounds of Section 14 (1).  You cannot seek divorce on the ground of desertion also, because two years period of desertion is required to rely on this ground.

The best option for you is to talk with your wife and move joint petition for mutual consent divorce one year after the date of marriage.  In the divorce petition, both of you can mention that in future she will not seek any maintenance.  If she admits that she is living with some other man, she is not entitled to maintenance because "she is living in adultery" under Sectin 125, Section 18 and the provisions of Hindu Marriage Act.

Vikas,

From my understanding that marriage has not been over 1 year and also not consumated, so you can apply for the annulment of the marriage. In this case, you will not have to give any maintenance or alimony or any compensation.

If given facts are true then it is better to apply for the anuulment of the marriage and nothing is required to be paid.

Sir,

What is annulment of marriage? Pls explain.

The annualment of marriage is possible only when "marriage is not consumated owing to the impotency of the respondent".  It is not the situation in your case.  Hence, you cannot seek annualment on this ground.  Again I say, after one year of the occurence of marriage, move a mutual consent divorce petition, if your wife accepts and get divorce. In the mutual consent petition itself, about non-payment of maintenance can be included.   According to you,  she is interested to live with some one else, she will not ask you for maintenance.

Sir,

My marriage is not consumated.  I have had only oral s*x, but not s*xual intercourse.  Based on this, can I seek annulment of marriage? Pls reply

Sir,

My marriage is not consumated.  I have had only oral s*x, but not s*xual intercourse.  Moreover, after she ran away, i have registered a complaint in the Police station i.e. a missing complaint.  Based on this, can I seek annulment of marriage? Pls reply

Prabhakar Sir has told you already that ONLY if your wife is not able to have physical relation with you. Pl do not ask the same thing again and again. You have no ground to ask for divorce as of now. You cannot annull your marriage in given situation.