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ranjana s wa (Advocate)     20 March 2018

Maintenance in case wife is in adultery and how we can proove that she is in adultry

wife is asking the maintenance in divorce petition which is filed by husband and the ground of divorce petition is adultery of wife and how can prove she is in adultery.


 5 Replies

sparrow (Apprentice)     20 March 2018

Evidences have to be given by husband to prove adultery. If parties are governed by hindu marriage act than mere one instance of voluntary s*xual intercourse is sufficient to obtain divorce_____adultery as in continuous cohabitation is not a necessity to be proved (see sec 13 (1) (i) of hma )direct evidence is not available in such cases so circumstances should be such, that if regarded together, they lead to an irresistible conclusion of commission of adultery was there. Circumstances have to he shown as example both shared one room in hotel, if an unrelated person is found along with a young wife, after midnight in her bedroom with no reliable explanation etc can be shown. Single act of voluntary s*xual intercourse would not deny maintenance under 125 crpc however multiple instances would defeat maintenance demand by wife

Kumar Doab (FIN)     20 March 2018

The onus to prove lies on spouse that has leveled the allegation..

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     26 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     26 March 2018

Mere allegation has no meaning even if she is in ADULTRY, you have to prove it., by hard evidence.

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     26 March 2018

If It is wife she will get maintenance, unless the husband is smart and brings evidence of adultry. But most of the husbands are after getting free advice and mess the whole case .


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