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sanjay kumar solanki   05 January 2020

case against wife of fraud

Respted,sir
i hv been giving 5000 maintaintance to my wife.but recently i come to know that she is having adultery relationship with some other married man.i hv got the call recording in which she herself confessed that she has been in such relation for three years.Moreover she also filed to increase more maintainance from me.i hv also filed a divorce case in high court.so my que.is......can i file a fraud case against her??can i request the court to stop her maintainance??Can i get divorce from her on this ground??


Learning

 11 Replies

TGK REDDI   05 January 2020

A typical Query.    I too request Experts to answer.

Free Legal Help India   05 January 2020

Yes you can divorce this ground. If she earning. So you stop maintenance. More information please contact me 9719775005.

Kishor Mehta (CEO)     06 January 2020

If the adulterous relationship of the wife is proved she can not claim maintenance, further the husband can easily get divorce

Kishor Mehta (CEO)     06 January 2020

Hon. Supreme Court has held that a woman proved to be engaged in adultery, post marriage, can not legally demand maintenance and the husband can get divorce on the ground of her adultery.

TGK REDDI   06 January 2020

What a wonderful law! Husband can enjoy. Woman can,t. It's ok till she gets the Order for maintenance. After the Order, she's to sacrifice her s*x throught her life. If nobody marries her?

Kishor Mehta (CEO)     06 January 2020

With due respect, once the husband proves the adultery of his wife she forsakes her claim of maintenance, whether or not she is living with another person. Adultery is definitely a crime for a married woman.

TGK REDDI   06 January 2020

Adultery has never been a crime or offence for a woman or girl whether married or not; whether mature or not.

Adultery has been an offence for man whether woman gives consent or not.

Dr J C Vashista (Advocate)     07 January 2020

Extra-marital affair of wife is no (NO) ground to deny maintenance.

What is the opinion and advise of your lawyer engaged and paid by you, follow it without waiting for an obligation of experts on this platform, altough it is available FREE OF COST, whereas it shall be based on limited facts posted by you.

P. Venu (Advocate)     07 January 2020

To my knowledge, a woman living in adultery is not entitled for mainteanance. However, the husband need to get appropriate orders from the Court in order to discontinue the maintenance.

T. Kalaiselvan, Advocate (Advocate)     16 January 2020

The evidence in your possession is not substantial enough to prove her adultery, moreover adultery is not a crime or bar for giving her maintenance as per the court order.

You can fight her enhancement petition strongly in which you can make a mention about her adulterous life also. though it may not yield any fruitful result in your favor.

Zeta Teresa Pereira   01 February 2020

Dear Sir,

Adultery is very difficult to prove in the court of law but since your wife has confessed to you on the phone, the recording would be enough to prove it. Your wife will not be allowed to ask for more maintenance from you. You can also divorce your wife on this ground.

Hope this is clear.

Regards,

Zeta 


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