Adultery
InSearchJustice
(Querist) 23 September 2010
This query is : Resolved
Please suggest about divorce, maintenance and case of adultery as per the following facts of a case,
1. Wife has voluntary sexual intercourse with a person other than her husband.
2. She confessed the same before her husband verbally and on a plain paper in writing.
3. She confessed the same and willing to live separately from her husband before her parents and Panchayat and documented all on a stamp paper also.
Q1. Are all the facts and documentry proofs of confession sufficient for divorce?
Q2. Whats the scope of any maintenance either in mutual sepration, mutual-consent divorce etc?
Q.3. Can the husband pursue the case of adultery against that OTHER PERSON?
Arvind Singh Chauhan
(Expert) 23 September 2010
It is clear that out of court settlement or any confession is of less value if these are denied by opposite party, however it seems that you have ample grounds.
Try to meet the situation mutually. One more thing is that, It is very tough to prove adultery, If you fail in proving it itself amounts to be cruelty to wife.
adv. rajeev ( rajoo )
(Expert) 23 September 2010
What you have said are good grounds for the divorce. In my opinion it is better to file consent divorce petition and make an agreement regarding maintenance
Devajyoti Barman
(Expert) 23 September 2010
Yes the grounds are sufficient for divorce but not for avoiding maintenance. Yes, that person can be prosecuted for adultery but not your wife.
s.subramanian
(Expert) 23 September 2010
I agree with the experts.
virender
(Expert) 24 September 2010
I agree
InSearchJustice
(Querist) 24 September 2010
1. Plz suggest if husband pursue divorce case on the basis of adultery, can the wife claim for interim maintenance till the adultry is proved and the husband has resigned from job due to defamation and depression of such cause.
2. Based on some compromise Can a petition for mutual separation (for at-least one year as required for mutual consent divorce)be filed mentioning clearly about adultery In that case is wife entitled for any maintenance?
Adv ramesh chheda
(Expert) 24 September 2010
he can get divorce very easily nd willnot liable for compensation. on the contrary he can file an application for compensation aga her
InSearchJustice
(Querist) 27 September 2010
Please suggest
1. Is at-least one year of separation period mandatory before filing a mutual consent divorce?
2. Can the facts of Adultery be declared in mutual consent divorce?
InSearchJustice
(Querist) 28 September 2010
Please suggest:
if adulterous wife is living in some NGO at the time of filing judicial separation or mutual consent divorce what should be her residential address in petition parental or NGO address?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 September 2010
