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Utkarsh   18 March 2020

section 12 under impotency act

I married in april 2019.My msrriage is not consummated till yet.She fild annulment under section 12 and claim 50 lakh although she is well educated and have job experience.My medical reports sre completely normal and i am physically fit as per doctor reports.I dont want pay any maintaunance as aleady have two dependents as old mother and younger sister.


 9 Replies

manohar   18 March 2020

Educated and working ladies are not entitled to claim anything (maintenence &compensation) from husband. You can win the case with genuine medical report.
1 Like

Real Soul.... (LEGAL)     18 March 2020

If you are normal and fit , then why you failed to consumate the marraige ?

She has the right to maintenance;  and if you could  prove, that she is earning enough to maintain herself then only you will get relieved;  otherwise just being educated and capable to earn is a differant version in court and won't xnorate you from liablities. She can drag you to many other things  , better is to settle the matter amicably 

 

Utkarsh   18 March 2020

@Real soul,in most of the days and nights she used to uncesseary made quarrel due to which functionally it actually not happened.There was so much pressure from her family also.Keeping stress,pressure in mind ,marriage not consummated.

TGK REDDI   18 March 2020

She can't claim Maintenance though you're really impotent because she's capable of maintaining herself.     But she can, I think, claim Compensation because the supposed impotency was not revealed before marriage.

Real Soul.... (LEGAL)     18 March 2020

Originally posted by : Utkarsh
@Real soul,in most of the days and nights she used to uncesseary made quarrel due to which functionally it actually not happened.There was so much pressure from her family also.Keeping stress,pressure in mind ,marriage not consummated.

Just try to settle amicably...since it appears you are not going to patch up again it is better to end the relationship peacfully.If she demands more or shows attitude then just contest the case till she comes to the level of co promise.

Utkarsh   18 March 2020

thanks all..

Utkarsh   18 March 2020

what if i prove i am physically fit through my medical reports then compensation will be liable?@TGK REDDI

TGK REDDI   18 March 2020

No sir, no compensation then.

Dr J C Vashista (Lawyer)     20 March 2020

Compensation is right of the wife, parents and children, which can be claimed  and granted even if they are earnig, whereas you are impotent, unemployed or any other pretext.

It would be better to consult a local prudent lawyer for better appreciation of facts, professional guidance and necessary proceeding.


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