quesAnnulment of marriage.

my son is settled in USA. he earns $7000 a month. he is 34 . he married to a girl in pune . through deshsthamatrimony .com.she is 30 . she makes a small earning. marriage is registered under Special Marriage Act. in pune on 08 08 2013. on 11 08 2013 she said she is not prepared for physical relationship. we told her that u may tell this to your husband. she entered the room where her husband was waiting . within 10 minutes she came back saying that she does not feel comfortable with her husband . following day her parents came and they asked her when she would feel comfortable . she said may b never . she left our house with parents with all the stuff, clothe.s and all the ornaments we had gifted her at wedding .on 12 08 2013 . on 13 08 2013 she went for visa interview with her husband . they were there for 2 days . however no physical relationship was established . on 17 08 2013 a meeting of all concerned with 2 witnesses on our side took place . in the said meeting it was decided that we submit a case for annulment of marriage in the court under special marriage act alleging her wilful refusal and consequently non consumation of marriage . in october 2013 a case under D V Act was filed against us saying that due to indecent and improper and behaviour and neglecting the wife of my son she did not feel comfortable and therefore marriage was not consumated . for compensation , a hefty sum of 18 to 20 lacs was demanded . the case is being pursed in the court for over a year through advocates on both sides . i would request u to please send replies to my below mentioned questions on my e mail address viz. vr_deshpande@yahoo.com 1 she left our house on her own . is maintenance payable in such cases . 2 by virtue of just 5 days of cohabitation is she entitled to keep to the stridhanof 4 / 5 lacs of the ornaments we gifted her at wedding . 3 parents of girl r asking us for compensation of rs. 10 lacs they say they have spent on marriage . r they entitled for this . 4 girll is demanding the maintenance of rs. 50 thousand rs. plus a flat in pune for living there . she is now living with her parents in pune . 5 it appears that she is drug addict and alcohol dependent . however we r not able to prove it . is there any solution . 6 if case goes against us we propose to go to higher court . and if we win we propose to file defamtion case . will this b right course . 7 how much maintenance would b payable considering our son's earning of $7000 a month and only a small earning of a girl . her parents appear to b well to do . she lives in pune and my son is settled in usa . 8 the period during which such interim maintenance is payable . is it to b paid till the decree of annulment is passed or is to b paid permanently or till her remarriage . and if she does not marry or does not disclose to the court that she has remarried . 9 after the decree of annulment is passed r the gifts need b returned by everyone to the other party . we have gifted her ornaments of some 4 / 5 lacs . would we b entitled to ask for return of these ornaments . 10 during the pendency , can our son get married .

  • ansShe would be entitled to maintenance if she is not working. Wife would be entitled to her streedhan. Parents are not entitled to any compensation of marriage expenses. The issue would be whether she is working or not if she is working she would not be entitled to maintenance if there is not much disparity in income of husband and wife. Wife is entitled to alternative accommodation or right to stay in matrimonial home under Dv act, no need to file defamation case . if you lose you can go in appeal against impugned order passed in DV case. Please mention income of husband and wife . generally wife is entitled to 1/3rd husband income as maintenance . Wife would be entitled to maintenance till she remarries. No, you would not be entitled to return of streedhan given to daughter in law at time of marriage. Your son cannot remarry during subsistence of earlier marriage.

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