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kamalsharma (lawyer )     04 July 2020

interim maintenance in adultery matter

if there is a prima facie case of wife adultery is she has a right to get order of interim maintenance in her favour u/s 125 Cr.P.C ? is any high court or suprim court citation is there. kindly provide


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 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     04 July 2020

Hello,

While passing interim order court does not consider merits of case. So court will pass order in interim application.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     04 July 2020

1. Adultery has to be proved "Conclusively" which is possible only via a Court Order.

2. To the exception of the above, Wife will remain eligible for Alimony /Maintenance /whatever .... permissible by law.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

kamalsharma (lawyer )     04 July 2020

there is a written confession letter of the wife in witch she admitting relationship with a person by name and date. but she does not disclose this fact anywhere in her application u/s 125 Cr.p.c

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     04 July 2020

Originally posted by : kamalsharma
there is a written confession letter of the wife in witch she admitting relationship with a person by name and date. but she does not disclose this fact anywhere in her application u/s 125 Cr.p.c

 

1. Any such Letters written by wife, which is in your custody, is useless and legally not enforceable in a court of law.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com


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