Is Section 25 applicable with Section 12, and maintenance entitlement?
I got married 5 years ago and we lived together for only 50 days. Our marriage was consummated once, and I have a call recording where she admits this fact, but no other proof. In between, I tried to call her back with two Section 9 notices and personally. Recently, I filed a case under Section 9, and in response, she filed for Section 12 and Section 25 under the Hindu Marriage Act. My question is, is Section 25 applicable with Section 12? How much maintenance can she be entitled to in my case, and what should I do next?
Another section of the Hindu Marriage Act is Section 25 on maintenance. This goes well with Section 12 relating to annulment on grounds of impotency or non-consummation. The quantum of maintenance shall be determined taking into consideration the wife's needs and the husband's capacity to pay. Hire a lawyer to analyze her case and help prepare for the actual hearings. The real possibility that she is going to face the courtroom defending and testifying against the arguments presented in Sections 9 of her counterclaims will supersede all of the arguments contained within Sections 12 and 25.
Sir, Section 12 and Section 25 can be applied together, the specific outcome regarding maintenance depends on the court's evaluation of both parties' financial situations. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
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