roshuv (Manager) 21 February 2015

Alimony hma u/s 25 (adultery)

Thanks all.

Generally in Indian Law: Please explain how Adultery is Accepted by court ?

I have read in one post by: 1. Direct Evidence 2. Circumstantial Evidence.

Case:Wife has filed petition for divorce. Claiming she was forced for abortion. Husband in WS Denied any information about the abortion and the child. Misc Case was filed by wife all articles were returned in satisfaction at her place (in mediation)
Then she demands alimony and divorce by decree. She fails to prove any corroborative evidence. Question is ;. (Wife MBA previously working, Father CA and owns CA firm..mentioned it in info during marrg). Marriage lasted 9 months. They have demanded 15 Lacs verbally in mediation(Father’s attitude either U fall on his feets or pay alimony)…They r going for Divorce by decree first. Once Divorce granted they will file for Alimony. Lawyer is saying due to merit of the case automatically Alimony will be rejected.
Is adultery proved in this case? Does the Husband has to pay alimony at cost (if demanded under HMA sec 25) small amount even? How to avoid alimony ?

Thanks All

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5 Replies

saravanan s (legal advisor) 21 February 2015

If adultery is proved u dont need to provide maintenance but during the proceeding she can file a suit for interim maintenance

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roshuv (Manager) 21 February 2015

Thank you Sir for ur Reply.

As per my lawyer petioner (Wife) has herself mentioned that Abortion has been done. She mentions Hospital name, date, and says she became pregnant at her Father's house (diff. state) after 1 month of no cohabitation with husband. providing urine test report as proof. but abortion done in matrimonial home (other state). Note: on this sole cause she has prayed divorce. no Domestic violence. NO Dowry harassment.

We have denied any knowledge about the same. As per lawyer its her burden of proof to discharge the allegation. And prove with DNA test report as corroborative evidence. She fails to provide the same.

Question: Is Adultery proved in contest circumstantially? As per HMA sec 25 " If Wife is found unchaste the court may modify, Rescind the order as deemed just". on this point will there be NO alimony if she prays after divorce is granted.

Thanks All.

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com ) 21 February 2015

Good case for you.

1 Like

roshuv (Manager) 21 February 2015

Thanks Adv. Trilok Sir.

good case for me. I hope u r saying that i WILL get relief in Different way completely. NO Alimony will be granted. ?

roshuv (Manager) 10 June 2015

Dear Sirs,

Thanks for your help and support till date.

In respect to this very post (made earlier)

Where Wife has filed petition for Divorce alleging Forced Abortion ; Husband in his WS has denied the same and other allegations.

Wife Filed Misc Case for Streedhan Husband has returned all the Wife's articles in Court to her satisfaction. Wife tried to harrass by bringing in a Jweller at the time of returning all her articles & saying gold items fake but that didn't work. Wifes's father Verbally demanded Huge Permanent alimony. We Refused.

the current status is:

Wifes's Lawyer asked to settle the case mutually for one time token payment, we Refused.

Case was to be contested. They pushed the dates, finally during "Date of Evidence" Wife's Lawyer approached my lawyer and said they are ready to Withdraw their petition and file a JOINT amicable settlement.

On the day of evidence Wife's lawyer in front of Addtnl District Judge requested for another date to Resolve the Case amicably.

Query 1: Can Husband Request the Court to give the Divorce by DECREE (Jointly filing amicable settlement i.e both parties have agreed) ?

Query 2: Is this a TRAP? by wife to just get the divorce amicably then file Maintenance Crpc 125 Case or HMA 25. (As she is unable to prove her Abortion & other allegations cogently now).

Wife's Father is Influential and even shouted on my Lawyer Openly in court. What should be my plan of Action Now?.

Thanks & regards.