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Rajat Kumar (System Analyst)     03 August 2014

If wife is she elig.for maintenance in dv

if wife is involved  in she eligible  for maintenance in DV.


 13 Replies


If 100% adultery of her proved by you then 100% no maintenance is given to her.


If you have evidence then file an adultery suit u/s 497 IPc against her lover.


Attach that suit of adultery in your dva WS.


At the time of evidence of dva submit evidences of her adultery.


Your Dva will not sustain once her adultery comes out through evidence and cross examination.


Stay cool and protect yourself with right strategy.


Good luck))



laxmi kant joshi (instructor)     03 August 2014

if you will prove it that she is involved in doing adultery then as per crpc 125(4) she cannot entitled for her maintenance , and you can also file a criminal case of adultery u/s 497 ipc against her boyfriend.

Samir N (General Queries) (Business)     03 August 2014

Every Sufferer is a Saviour's advice is always comprehensive and reliable. I would just like to point out though that proving adultery is very difficult if the other party wants to deny it. Think about it... you actually need evidence that they were having s*x. Not that easy to get...  Right?

T. Kalaiselvan, Advocate (Advocate)     03 August 2014

The allegations of adultery and subsequent desertion is to be proved to repudiate her claim for maintenance award amount.  This can be a very strong ground for rejection of her maintenance claim.

Rajat Kumar (System Analyst)     03 August 2014

I heartly Thanks for your reply and need one more questions reply

Yes,I have the video and i submit in district court (but district court said that their is no rules about adultary in DVA)but i don't know the name of the lover.I am 100% sure she is that lady and (my high court lawer also confirmed )it is vervally proved. How can log case against her/her father or lover as her father black mailing me for money ?

Rajat Kumar (System Analyst)     05 August 2014

Originally posted by : Rajat Kumar


Raj (Self)     26 August 2014

If you file a case u/s497 against the third party, then the wife won't be considered as guilty of adultery & the husband won't have chance to give divorce to her.

Rajat Kumar (System Analyst)     27 August 2014

Hey Raj ,Can you help some prove or Judgement copy  ? 

K.P.Satish Kumar (Advocate)     22 October 2014

An adultress cannot get maintenance untill the adultry act is proved.

Daniel& Daniel


Raj (Self)     03 May 2015

Thanks to our country's very well written law. I am finally deciding to pay some money to my guilty adulterous ex-wife & get rid of all this no-sense court process.


Any help with preparing the mutual settlement would be highly appreciated.

Samir N (General Queries) (Business)     04 May 2015

Mutual settlement... I can publish a paper on this topic but here are some useful tips which might come in handy... atleast the ones I remember now:

Have provision that expressly states that she was given TIME to consider the settlement.

If possible, sneak in a statement saying that it was initiated by her. 

Make sure that it states that both parties had sought legal advice from advocates - name the advocates in the agreement - make sure that advocates also sign on the agreement, with a qualifying label below their signature expressly stating that they are advocates for the named parties.

This one is a biggy... One of the terms of the settlement should be that the settlement is applicable and enforceable under any and all applicable laws, irrespective of the Act under which it was filed and that both parties agree that they shall not seek an alternate remedy under any other Act, even if such remedy was available to them. This provision will disable her from filing for maintenance in the future under some other law. 

Expressly state the jurisdiction under which the settlement is applicable and specify the jurisdiction in which the settlement will be enforced if violated by either party. 

State that both parties are agreeing to the terms and conditions on their own free will, without any coercion or undue influence.

State that both parties have also consulted their family members before entering into the settlement.

Of course, make sure that the agreement is approved by the Judge and do not enter into any out-of-court settlement.

I can go on and on... but I hope you get the point.  I bet that no advocate would have given yoiu this advice -:)

Hope other men do get to read this post before entering into any mutual settlements.


1 Like

Raj (Self)     19 April 2016

Thanks Samir, 


I got the MCD, after paying a huge maintenance amount. I paid that amount only because my ex-wife's lawyer was trying to stretching the case for years & I just wanted to get rid of it.


Now, since I got the divorce decree, I am looking for a way to get the money back :)


Can I file a case against her that she enforced me to pay the maintenance & then gave me divorce?

Can I file a case to now prove that she was guilty?

Samir N (General Queries) (Business)     19 April 2016

It would be difficult to undo the settlement for you. It is difficult for a man to say that he was forced by a woman. In any case, it will open a Pandora's box, including undoing the divorce, which is certainly not what you want. I would not recommend touching the MCD agreement itself. Having said that, you can possibly file cases of defamation or similar cases and get compensation. I do not know what allegations she made against you which were false or proved to be false. Also, there is time limitation issue. Whatever you do,  try not to touch the MCD. Divorce is not so easy to get for a man... Once you have it, treasure it!

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