Divorce process and maintenance

The birth of an illegitimate child is strong evidence to file a divorce suit against your wife.

The Bombay High Court lately upheld the law, ruling that if accusations of infidelity are demonstrated, a husband is not required to pay maintenance to his ex-wife and her children.
If a wife is residing in infidelity, unwilling to live with her husband for no valid reason, or they are living separately by common agreement, she is not obligated to compensation from her husband under this section.

 

Regards,

Anaita Vas

 

U have to prove in competent court of law and can take divorce.

The birth of an illegitimate child is strong evidence to file a divorce suit against your wife.

The Bombay High Court lately upheld the law, ruling that if accusations of infidelity are demonstrated, a husband is not required to pay maintenance to his ex-wife and her children. The case was Sanjivani Ramchandra Kondalkar v/s Ramchandra Bhimrao Kondalkar that if allegations of adultery are proved against the wife in a marriage, she is not entitled to maintenance. A wife is entitled to claim maintenance only if she is able to prove that all the allegations of adultery are wrong. In Criminal Writ Petition No. 2547 of 2016 with Criminal Writ Petition No. 2546 of 2016, the Bombay High Court just recently on December 18, 2019 has once again reiterated what even the Supreme Court has time and again reiterated that if allegations of adultery are proved against the wife in a marriage, she is not entitled to maintenance. A wife is entitled to claim maintenance only if she is able to prove that all the allegations of adultery are wrong. A wife cannot maintain relation with some other man and yet claim maintenance from her husband.

If a wife is residing in infidelity, unwilling to live with her husband for no valid reason, or they are living separately by common agreement, she is not obligated to compensation from her husband under this section.

 

Regards,

Anaita Vas

 

@ Toy & Stories,

Is it your personal case or hypothetical time pass question paper ?

thank you all for your quick reply. it is my personal case.
my wife has baby and she left home. now she filed case against me dv and I have filed Divorce case.

The biological father of such a child has no parental rights or obligations. You must prove your case in a court of law before you may divorce. The birth of an illegitimate child is compelling evidence that you should divorce your wife.

I respecfully disagree with Richa Taylor as the illegitimate child has also right and obligation of biological father.

However, if you can prove that child is begotten from some other man, it is a ground for divorce.

Besides this, she is your wife till decree of divorce is granted, wherein she is well within her right to file complaint under the provisions of Protection of Women from Domestic Violence Act, 2005 as well as claim maintenance.