Can a cheating wife barred from alimony?


Dear expert lawyers,

If husband proves wife's adultery in the court, still husband has to pay the alimony to the wife? Below are the some of the facts:

1) Consider the facts that they dont have the kids.

2)  Wife is Masters graduage and she is in a good health condition to do the job but so far she didnt work. I do have the copies of all her Master's degree marks sheets.

 

 
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Lawyer

yes if wife is willing to maintain herself then she will not be eleigible to get the maintenance from her husband.

If u proved she is living with adultry then she will be disqualifed to get any such maintenance.

Will u appreciate this answer by giving like on my LCi prrfile?

 
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Hi in case if wife working or she maintaince herself in that case she could not file for maintaince and not able to grant monthly maintaince  from husband 

second case as oer if she was living in adulatry and you will proov that in court than she could not able to get any maintaince from husband and on this ground husband file for divorce 

 

 
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Practicing in Mumbai ZohebKhatri@gmail.com

Google It, 

Many judgments on this

 
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Bangalore

Originally posted by : Night1234
Dear expert lawyers,

If husband proves wife's adultery in the court, still husband has to pay the alimony to the wife? Below are the some of the facts:

1) Consider the facts that they dont have the kids.

2)  Wife is Masters graduage and she is in a good health condition to do the job but so far she didnt work. I do have the copies of all her Master's degree marks sheets.

 

Yes, even if you prove adultery beyond reasonable doubt, still you need to pay her alimony.  If divorce is granted, you need to keep paying alimony until she remarries.  IF she is well educated, it does not mean that court will not grant maintenance.  If she is having no means to support herself or cannot get any  gainful employment, court will order alimony and you have to pay.  On the other hand, if your can convince court that she has enough means to support her, then court will not order any alimony.  SC judgements may or might not be of any use.  What will be of use is, her previous pay slips, bank statements, marks cards etc.

 
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ha21@rediffmail.com Mumbai : 9820174108

Agree with the advice of Adv. Bharat (pune)
"IF"  adultery is proved THEN court will not grant relief to unfaithful wife, irrespective of whether the wife is educated or employed or financially dependent or whatever.


Keep Smiling .... Hemant Agarwal
 

 
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Till divorce or for the divorce you need not pay anything bcoz of adultery. But after divorce, she is eligible for Crpc 125 as she is unemployed/no means to support on her own.
 
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