Maintenance

S.Sabarinadh (Querist) 22 March 2010 This query is : Resolved
In a certain case a husband filed a divorce petition against wife ( Both are Hindus) on the grounds of adultery and the judgment came in favour of the husband and they were legally divorced.after all its a relevant fact that she was still continuing sexual relations with other personal though there is no solid proof. In such a situation the wife came up with the claim for Maintenance > Could it be allowed?????????????

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RAKHI BUDHIRAJA ADVOCATE (Expert) 22 March 2010
No, It can not be allowed because the husband got a decree of divorce on the ground of adultry.

adv. rajeev ( rajoo ) (Expert) 22 March 2010
I go with Rakhi

Parveen Kr. Aggarwal (Expert) 22 March 2010
Section 125 (4) of the Code of Criminal Procedure, 1973:

"(4) No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent."

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