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sayanghoshmondal   06 February 2015

Divorce under adultery

My parents are married for about 30 yrs. Out of the wedlock of them 2 children were born, me and my sister. I am about 26 yrs old and my sister is about 21 yrs old, and our education is going on, and both of us are unmarried. My father was director of a central govt. medical college and recently retired from service and gets a pension of about 60000rs. My mother is class 12 pass. We have a house which is joint property of my father and mother. My mother is a housewife and until now is residing in the said house. My father built the house from his own income and taking loan from the bank(the loan has been paid in full). For last 10 yrs my mother has led her life in adultery with various persons of which me and my sister are eyewitness. My parents have no physical relation for past 10 yrs. But we all live in the said house. Me and my sister want to stay with my father if finally separation takes place. Recently my father has filed a divorce case under adultery,cruelty and desertion. After that my mother has filed a case for inter rim maintenance under section 24 of HMA, and requesting the court to pay her 26000rs per month and 60000rs one time for litigation expenses. My questions are-

1. What may be the approx amount my father has to pay her as inter rim maintenance?

2. What is the approx amount of time to solve the whole matter?

3. After the case is solved is there any chance that my father has to pay maintenance to her?

4. Is there any provision in law where major children can file a case against  their adulterious mother  on ground of cruelty?       



 7 Replies

saravanan s (legal advisor)     06 February 2015

1.the court would fix the interim maintanence based on the financial condition of both husband and wife taking into their assets,salary and other maemeansns of income .the husband can also for maintenance from his wife if he can prove that he is financially weak and need money for his livelihood

2.if contested divorce is filed it may take 5-6 years to obtain a decree

3.even after the case is solved your father got to settle for either onetime payment as  maintenance or monthly.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 February 2015

1. It is the discretion of the court; if father is bearing your expenses too; then the quantum of maintenance be less. Also would be dependent on which city/ state the case is filed.

 

2. If grounds are strong and you being eye-witnesses are ready to depose; and you yourself don't delay the matter; it should take 5-7 dates after interim maintenance is decided. Depending upon how far spread the dates are you can come to the conclusion of time frame.

 

3. Yes, but the quantum would be very less; as the lady is the erring party.

 

4. No.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     06 February 2015

Dear Querist

My opinion on your queries are as under:

 

1. What may be the approx amount my father has to pay her as inter rim maintenance?

Opinion: 1/3 of his pension may be grant as maintenance.

 

2. What is the approx amount of time to solve the whole matter?

Opinion: Its depend on the fighting the case, it may be more then 2 year.

 

3. After the case is solved is there any chance that my father has to pay maintenance to her?

Opinion: if you father proved that she was living in adultery then your mother will not be entitle to get any maintenance from your father.

 

4. Is there any provision in law where major children can file a case against  their adulterious mother  on ground of cruelty?  

 

Opinion: No, there is no provision in Law.    

 

sayanghoshmondal   06 February 2015

Thnks to u all. Respected sirs and madams,

1. Is it true, that in the case of inter rim maintenance under Sec.24 of HMA, the coduct of the parties will be taken into consideration by the court. My mother had made false complain (General Diary) against my father in the local P.S. about 8 months ago. The police have investigated and found nothing against my father at that time. Will this incident help my father in the case of inter rim maintenance against my mother? Also our father is bearing expenses of me and my sister and he is currently retired.

2. Our mother does not take care of the basic needs of me and my sister and my father (food, clothes etc.) for the last 10 yrs. For the last 10 yrs. we all have been neglected by her. She has been living in her own seperate world, in the same house in the same mess. She gives us mental pressure and mentally tortures us constantly for the last 10 yrs. No. of times she has threatened us and our father about lodging false complain against him in the local P.S. In this case is there any provision in law where major children can do anything about this which will ultimately be helpful in the case of divorce under adultery and in the case of inter rim maintenance, which is being fought by our father?

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     06 February 2015

Your father can oppose any maintenance on ground of adultry.

 

Evidence of  both of  you will be sufficient.

 

If lower court rejects go in revision. It will surely be new case history.

T. Kalaiselvan, Advocate (Advocate)     06 February 2015

No doubt your father is bound to maintain your mother being his wife as per law.  However, her adulterous life will certainly make an impact over the maintenance petition when being heard, especially if you and your sister are ready to give evidence supporting your father repudiating the claim on the said grounds.  since your father is bond to maintain the dependent children too, the quantum of maintenance award amount , if ordered by court, will be to a negligent minimum. The time taken for disposal of the cases will depend upon the burden of the court and its functions.   Your mother's adulterous life cannot be a ground if you want to file cruelty against her, but you can very well look for some ground by which you can book her for some criminal offence.

Dr J C Vashista (Lawyer)     07 February 2015

I fully agree with the experts advise. Your father has to pay her for the entire life or till she gets remarried, generally about 1/3rd of his income from all sources excluding the liability of your sister (till her marriage), however, you are no more dependant on your father .

Both of you have no right to question adulterous life of your mother, although you can be a witness in their divorce to prove the allegation.


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