Divorce
dk singh
(Querist) 19 August 2013
This query is : Resolved
sir i am serving with defence last year my brother was murdered by my friend my wife was also involved in that both are charged with 302 504 506 of ipc since my wife has adultery relationship with my friend i have filled for divorce from my wife on adultery grounds both cases are under progress under court will i have to pay any alimony or maintenance allowance to my wife after divorce we have been married for last 16 years she is graduate and not working we have three children and all are jiving with my mother. presently my wife is in district jail barabanki (UP)
Adv Archana Deshmukh
(Expert) 19 August 2013
A wife living in adultry is not entitled for maintainance. However, adultry has to be proved in the court.
prabhakar singh
(Expert) 19 August 2013
You would not be asked to pay any alimony in name of maintenance if divorce is granted to you on the ground that your wife is living an adulterous life.
Hope you have impleaded your friend in divorce petition as defendant,if not implead him also.
Devajyoti Barman
(Expert) 19 August 2013
If your wife is unemployed then you have to pay maintenance. However seeing her complicity in the crime, she is unlikely to get maintenance.
Raj Kumar Makkad
(Expert) 19 August 2013
You have to pay maintenance allowance to your wife as she is unable to maintain herself.
ajay sethi
(Expert) 19 August 2013
allegations of adultery have to be proved .oppose her claim for maintenance on grounds of adultery and fact that she has been implicated in murder of your brother with her boy friend .
you have not mentioned your wife qualifications and whether she has been working or not
Rajendra K Goyal
(Expert) 19 August 2013
If the facts stated by you are proved before the court, it is doubted that your wife would get any alimony.
Impaled your friend also as advised by the expert prabhakar singh ji.
V R SHROFF
(Expert) 21 August 2013
As she will be in Jail, and Govt will feed her, Why u worry of Mtn??
If u want to remarry, Divorce with adultery of ur frd be filed. Both be respondents.
Raj Kumar Makkad
(Expert) 22 August 2013
There are many judgments which clerly establish the liability of the husband to pay maintenance to his wife depiste of her involvement in some adulterous issue.
