Maintenance claim in adultery
racersedge345
(Querist) 25 June 2012
This query is : Resolved
hi, my brother was married and has a kid 1 year old. his wife was chatting with her old boy friend. my brother used to check her mails without her knowledge sometimes and he found out few chat messages in which they had shared their love. my brother has saved the chat messages and has printouts of them. He wants mutual consent divorce. but his wife is not ready to divorce as she apologises. Is this proof enough to proove adultery? if so, is it necessary for my brother to pay her and the child some kind of compensation or maintenance. security? his wife is not working. will my brother be punished for checking her mails and taking printouts if she files a case against him?
ajay sethi
(Expert) 25 June 2012
chat messageas are not proof of adultery .
you r brother will have to pay maintenace to wife and child . for sake of your 1 year child reconcile . your wife has merely indulged in cyber sex . no physical relation ship with another man .
if your brother wife contests divorce it will take him years to get a divor ce . visit a marriage counsellor and try to save marriage
Kiran Kumar
(Expert) 25 June 2012
you need to go beyond mere letters/ e-mails/ messages.
the factum has to be proved with a strict proof.
it will be better to save the marriage....if the things are to the contrary then certainly the wife is to be given Alimony/ Maintenance amount.
keep in mind the entire process is not a simple process.
Adv.R.P.Chugh
(Expert) 26 June 2012
Dear Querist,
Adultery is sexual intercourse with somebody other than one's spouse. ADultery by it's very nature does not admit of positive evidence or strict proof, and is always adjudged by preponderance of probabilities, i.e in simpler language circumstantial evidence.
In light of this :-
1. Mere chats won't raise the inference of a sexual intercourse;
2. Maintenance can be sought to be defeated to wife on grounds of adultery if there are other evidences apart from above;
3. Child's claim remains.
Good Luck !
SAINATH DEVALLA
(Expert) 26 June 2012
Adultery is any sexual activity with someone who is not your spouse. To adulterate means to add something which corrupts or debases the original entity.
Your brother does not possess any other valid evidence against your bhabhi for obtaining divorce.I also feel that the query is somewhat fictitious if we go deeper into the contents.Hence the probability of disbelief in his wife is more of a doubt than a concrete stance.Hence instead of breaking up the marriage its better to repair it with the best available tools.
K.K.Ganguly
(Expert) 27 June 2012
This is not adultery at all. The printouts are also from a file which is editable. On the other hand your bhabi can bring charges u/s498A for cruelty etc. if things go out of her hand which may invite serious problem for your entire family. Try to settle it now itself since she has already apologised.
