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Rakesh Kumar (Prop)     22 July 2013

Cruelty of wife proved

Learned Members,

I know that no final Alimony is to be paid if Adultery is proved of wife. However Plz specify if only cruelty of wife is proved, then also Nil Alimony has to be given to wife in Divorce case or I have to pay as per my living standard. There can be thousand types of Cruelty, so if we prove any ,one type will I have to pay Nil final Alimony ?


 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     22 July 2013

You will have to pay alimony if your wife is unable to maintain herself.

1 Like

Rakesh Kumar (Prop)     22 July 2013

From your reply I understand that even if wife is proved at fault by Cruelty then also she can claim & get Final alimony.

The situation is such that, points are already framed with cruelty as only ground & evidence is just starting.

My lawyer says that now if I make amendmends for adding Adultery as a ground, it will be time consuming. Please tell if  details of paramour & adulterous event is proved as already mentioned in my peition, can court give final order terming wife as Adulterous in its findings & then likely I will have to pay NIL Final Alimony to my Adulterous wife.

Adv Archana Deshmukh (Practicing Advocate)     22 July 2013

If you have to make adultery as a ground then, amendment will have to be made in the petition to make it compatable with that ground and yes, it will take time. The court will not grant divorce on that ground if it is not prayed for.

Anurag (a)     23 July 2013

whether your wife is a working or has ability to work?

shriks........... (healyhcare)     23 July 2013

1. proving adultery very difficult and time consuming......your lawyer right......
2. but if you have solid proof......mms , photos ....you have the best case in your hand and you can deny almost everything.......
3. if you fail to prove, the allegation itself will backfire you.........its a double edged sword........play safe.....

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