Shan 28 August 2015

Seeking divorce with alimony- indian christian marriage act

Distinguished members,

I am messaging in order to get your valued opinion regarding a situation. My aunt has been married to a man since the last 35 years. Her husband has been involved in an affair with one of our relatives. My aunt and her husband are parents to two children aged 30 years and 24 years.

My aunt is tired of the whole extra-marital affair and has sought the opinion of lawyers who have stated that unless the affair is proven, she cannot file for divorce on grounds of adultery. But she has absolutely no way of getting the proof. Therefore, she now wishes to apply for divorce by Mutual consent. However, since she is not working, she would like to seek maintenance from her husband. They were married under the Indian Christian Marriage act.

I have two questions:

1. Is it possible to seek and get maintenance from the husband in this case and what would be the procedure for the same?

2. Is there any way she can go about proving the adultery?

Awaiting your response.

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3 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 28 August 2015

The Indian Christian Marriage Act,1872, and the amended Indian Divorce Act apply for christians.Yes she will be at an advantegious position if she can prove his adultery.MCD how are U sure the husband will agree? Yes she can claim alimony from him in court,only if she is not employed or having any other source of income.

prabhakar advocate (advocate) 29 August 2015

1. She has to file S.125 cr.p.c. maintenance petition along with interim maintenance application seeking 1/3rd of husband's monthly earnings.

2. If she wants to have a separate accommodation, under domestic violence Act she can ask for residential rights. Whether to file this case or not must be left to her discretion. If she can manage to have separate place for rent within the maintenance amount to be granted by the court, then there is no need to file domestic violence case.

3. File divorce case on the grounds of cruelty and adultery, making the other person also as a party. To get out of embarassment that comes out of extra-marital affair, both that lady and your aunt's husband chicken out from legal proceedings and agree for MCD. Once MCD is reached, there your aunt can ask for lumpsum amount as a permanent alimony.

Prabhakar - Advocate

(M)9958670740

Family law legal aid panelist - central delhi(Tis Hazari)