• Interim maintenance

i got married in 2013, and from the day one my wife didnt allow me to touch her saying that she is interested in other guy and her parents forced to get married with me. this i didnt not discussed  with her her parents expecting that she would change and share life with me, so i wanted to give some time.

she used to come to my home, says for few day and returns to her parents saying that she is not feeling well. this happened 2 to 3 times. then i informed to her parents and my relatives, for mediation to solve my problems.  

during mediation her parents informed that, she dont want to join me and want to give divorce. then i asked them to file divorce case by mutual understanding. but then they demanding huge amount as compensation and maintinance  from me as i am govt employee. 

then they filed DVC and imnerim maintenance case, and in that she clearly said that we didnt have any physical contact.

my doubts are

1. Is the marriage is valid with out physical relation / consumation ??
2. how to proceed further  for the interim  maintenance case ???
3. what income they will consider for fixing the amount for interim maintenance???
Asked 1 year ago in Family Law from Chennai, Tamil Nadu
Religion: Hindu
1) you r marriage is valid as it has been solemnised as per hindu vedic rites . if wife refused to have physical relation ship you should have filed for divorce after period of 1 year of marriage 

2) you have not mentioned what is your wife qualifications ? what is her income if she is not working she is entitled to maintenance 

3) generally court awards 1/3rd of husband income as maintenance if wife is not working 

4) file for divorce on grounds of mental cruelty . refusal to have sex amounts to mental cruelty
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Hi, in your case marriage is not at consume so you're not husband and wife provided you have to file petition before the Hon ble Court for void marriage under section 12 of the Hindu Marriage act with in one year but you have not filled.

2.  Now you can file petition for divorce on the ground of cruelty as refusing to sex also amount to cruelty.

3. For maintenance you have to pay but quantum is decided by court based on your salary and social status.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. Yes marriage is valid without consummation but non consummation of marriage is a ground for declaring the marriage as null and void.
2.Use her petition in DVC and on that basis file a suit for nullity.

3. If she is unemployed then you have to provide her maintenance and there is no way you can avoid that. The quantum of maintenance is 1/3 to 1/5th of your income. Income means net income and not gross income.
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
Hello,

1)Marriage is valid if it had been performed according to your religious rites or registered before a registrar of marriage.if Non-Consummation of Marriage is on account of Natural Causes - impotency- marriage is treated as void under and 'Decree of Nullity' is prescribed. However, if 'Non- Consummation' of Marriage is for Non-Natural Causes - willful refusal to consummate marriage, marriage is treated as voidable marriage and Divorce is prescribed. 

2) The fact that she is admitting non consummation of marriage herself will help in your divorce petition if you seek divorce on grounds on non consummation. 

3) If the marriage is declared null by the court you will not be liable to pay any maintenance.

4)You can contest her maintenance claims. If the wife is employed she is not entitled to seek maintenance. If she had been previously employed and is qualified to get employment(if presently unemployed) you can cite these.

5) Your monthly income is the basis of fixing the interim maintenance. It would be around 1/3 of your income.

6) Contest the DV case she has filed on merits and proceed with a petition to get the marriage nullified.Engage a local lawyer to help you with the court proceedings.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
Hi
it is unfortunate that you have such an experience an arranged marriage.You have legal option as follows:

1. The domestic violence petition if filed along with an interim maintenance application usually ordered if the opposite party does not defend it properly.

2.  The maintenance  is calculated on the basis of your salary , 1/3 of the salary or your income is ordered as maintenance, and interim maintenance is ordered lesser than the 1/3 of salary as it is ordered as  a temporary relief.

3. You should start proceedings for nullity of marriage for non consummation ground within one year of marriage. This is because she refused to have physical relationship is a category of voidable marriage due to her refusal to consummate the marriage.

4. You can also ask for a settlement during the domestic violence  petition  pending and  end the marriage on mutual consent.

5. Hope in your reply you have taken a defense that she has not allowed you any physical relationship and she cannot claim any relation on basis of her own wrong doings. Her own failure to maintain marital relationship from the beginning of it is a serious  matter and a ground for divorce under sec.12
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1) you can with draw your RCR petition filed by you 

2) file fresh petition for divorce . 

3) your application for amendment of plaint and for conversion of RCR into petition for divorce would not be allowed by court 

4) you cannot convert it into petition for annulment of marriage 

5) in your divorce petition your wife will seek payment of maintenance . court will direct you to pay her maintenance 

6) court may direct you to pay 1/3rd of your income as maintenance
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1. You have to withdraw the  RCR first to file divorce suit thereafter.

2. I DV your marriage can not be made a issue. Divorce suit is only option.

3. If your wife is unemployed and if she prays for maintenance then court will grant maintenance. it can be done in both RCR or in Divorce.
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
1. Mere absence of having physical relationship does not make a marriage invalid. Inability to have physical relationship of one party entitles the other party to seek annulment of marriage,

2. You shall have to pay interin maintenance till it is finally decided,

3. Your monthly net income will be considered while fixing interim maintenance to be paid by you.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. You have delayed in filing the petition for annulment of marriage on the ground that vital information of her having affairs with someoneelse was hidden from you and your consent of marriage was taken after hiding the said information. You were to file the annulment petition within one year of having come to now of the said information,

2. RCR petition can not be converted to divorce petition. File a divorce petition on te ground of her infiedility,

3. If your divorce is granted as per your petition, there will be no compensation to be paid by you,

4. Your net monthly income will be calculated your LIC premium and all such fixed monthly payments and expenditure.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. The validity of marriage is not affected by non-consummation thereof. However, on the ground of marriage not being consummated you can file for divorce.

2. You have to contest her claim of maintenance on merits. She is disqualified to maintenance if she is earning on her own or if she left you without any domestic violence meted out to her. The court will give you full opportunity to rebut her claim.

3. Your net income will be taken into account
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1. You can file a fresh case for divorce. The conversion is not possible.

2. You may file for nullity of marriage also.

3. Applying for divorce has no nexus with the liability to pay the compensation. The claim for compensation is to be judged independently of divorce.

4. Yes you can calculate your net income after deducting all deductions and your EMIs.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
first of all you borne in mind that if wife deserted her husband without any reasonable cause then she is not entitled to any maintenance( poonam vs haryana; SC of India).
you should file application for restitution of conjugal right , if she will have been living separately for more then one year after the restitution order then you have right to file divorce petition, and divorce will be granted on the ground that there is no chance to restore conjugal rights between parties to the marriage.
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0

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