Adultery

Tushar Shedge (Querist) 25 January 2013 This query is : Resolved

1. This case is regarding exogamic relationship between a Hindu man and a Christian woman, both in their late 20s, named Shekhar (hereinafter called as a “Respondent”) and Liza (hereinafter called as “Appellant”) Respectively.
2. Although the parents of both the sides have endeavored to prevent the marriage, nonetheless the duo managed to Elope with the help of some mutual friends and got married at a small church headed by a young and very amicable priest.
3. Unlike most of the inter cast marriages the relation with their parents remained resentful, even after having three kids. The kids are studying in a church on Scholarship with the help of same priest.
4. The acrimonious relation had reached its Zenith, when they found that they were cut off from inheritance after their parent’s death.
5. They underwent many adversities with the trivial income of Rs. 6000/- per month, but eventually the couple managed to save enough money to buy a small one bedroom flat. (earlier they were living in rented house for long time)
6. The problems were started arising when they shifted to the new flat. The greatest catastrophe has befallen on them when appellant come to know about the extramarital affair that developed between Respondent with one of their neighbors which was a false allegation from Appellant’s side.
7. Thereafter Appellant secluded herself and started living in a monastery. Respondent tried hard to get her back but she remained unforgiving despite the importunities and monthly financial aid of Rs. 1000/- by Respondent.
8. Without having proof of adulterous Relationship of the Respondent, Appellant is claiming Divorce, permanent alimony and sole right to stay in matrimonial home.
9. Respondent is against the Appellant’s claim for divorce because their marriage is still very much alive for him and he is ready to continue their marriage.

please tell me the Cases decided by SC on Behalf of respondent's side

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Sudhir Kumar, Advocate (Expert) 25 January 2013
They have opted for legal rights in contracts to society and the society excised their own legal rights.

Had this Hindu man ever converted to Christianity before marriage.

V R SHROFF (Expert) 25 January 2013
He can continue marriage.

Wife is entitled to residence and mtn.

in case appellant proves extra sexual relationship, she can get divorce.
Appellant means appeal :: Who filed main petition, and was was ordered there??

OR IS ACADEMIC QUERY?? Y U DEMANDING CITATIONS??

prabhakar singh (Expert) 25 January 2013
The marriage was not performed under Special marriage Act and you have not told if husband was converted to Christianity before marriage or not ? An important aspect left untold by you which takes me deprived to opine about status of marriage.

Any way it has survived for long for which law would lean towards it's validity.

Any way,in absence of evidence of adultery,wife would not be able to get any decree of divorce.