Legal Question in Family Law in India
one of my friend aktar in roorkee got a accident which seriously effect his penice. now his penice does not working properly in sex so her wife fled divorce against him by saying that he is unable to sex with him. aktar agree to divorce him but do not wish to give her monthly maintenance. he is now in deep depression and mental agony.
Q1 plz tell me can it count as crualty toward wife ?
Q2 does aktar liable to pay her monthly maintenance ?
Q3 is there any provision in law which can save her for paying maintenance or reduce his maintenance ?
3 Answers from Attorneys
in case your friend suffered accidental injury and instead of taking care of your friend, if his wife is filing divorce petition on the ground of cruelty, it may not be sustainable rather your friend may allege cruelty on the part of wife. however, if your friend is earning, he may not be able to avoid maintenance.
The answer is here in below for your perusal :-
1) Yes and No in your circumstances.
2) Yes if his wife is not working or earning.
3) If his wife is working or earning then the court may not order for interim maintenance.
i agree with Adv Gupta
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