Divorce on cruelty and maintenance

Guest (Querist) 25 June 2012 This query is : Resolved
Divorce case is running on in the court on the basis of cruelty. I am paying monthly maintenace to her.
Can I make physical relation with her at her present staying place ?
After divorce also can I make physical relation with her because court will guide to pay mothly maintenace to her till she die.
If cruelty proved then also I have to pay maintenance?

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Adv.R.P.Chugh (Expert) 26 June 2012
Dear Querist,

Making physical relations after filing of divorce may amount to 'condonation' of allegations levelled against her. Physical relations in such circumstances would mean that you have forgiven the erring spouse and reinstated her in matrimony.

If cruelty proved then also she CAN seek maintenance - but it is not likely to be awarded.

Jai Karan Nagwan (Expert) 26 June 2012
Dear Mahajan, if court awarded monthly maintainance and allowed to leave apart owing to alleged cruelty, is equal to decree of seperation& your single attempt for physical relation may lead to jail. Pls act in prudent manner.

SAINATH DEVALLA (Expert) 26 June 2012
Pay heed to the suggestions of the above experts and restrain yourself from landing into further troubles

R.K Nanda (Expert) 26 June 2012
Agree with Bharat Chugh.

Divorce on cruelty and maintenance

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