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Vikas (Owner)     18 February 2010

Regd. maintenance

Hi

I have applied for divorce, our marriage has lasted only for 7 months, i have had only oral s*x with my wife, there is no s*xual intercouse happened.  Will I have to pay her any compensation.



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 14 Replies

Suchitra. S (Advocate)     18 February 2010

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.

Vikas (Owner)     18 February 2010

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.

Vikas (Owner)     18 February 2010

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

Suchitra. S (Advocate)     18 February 2010

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.

Vikas (Owner)     18 February 2010

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.

Suchitra. S (Advocate)     18 February 2010

I dont think she can.

Hardik Mehta (Family Counsellor)     19 February 2010

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.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     19 February 2010

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

Vikas (Owner)     19 February 2010

Sir,

What is annulment of marriage? Pls explain.

Vikas (Owner)     20 February 2010

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

Vikas (Owner)     20 February 2010

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

Suchitra. S (Advocate)     20 February 2010

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.


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