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sridhar (lecturer)     12 June 2019

civil decree binding on 125crpc

Is decision of a civil decree on adulteration ground binding on case of maintenance under 125 crpc.please cite rulings and decisions.

 1 Replies

Pradipta Nath (Advocate)     13 June 2019

I believe that Aductry is not crime in India anymore... The wife can pray for maintenance from the adulter husband. But if the wife herself is convicted of adultry, she is not entitled for alimony. This is settled in Sachindra Nath Biswas Vs. Smt. Banamala Biswas. In Sri Ashutosh Bandhopadhyay vs Smt. Mukta Bandhopadhyay also the Calcutta High Court forllowed the same rule.

But during the phase of proving adultry on part of the wife, she is entitled for maintenance.

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