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Nitin (marketting manager)     07 February 2015

Wife proven of adultery can be given divorce

Hello all,

   My clients wife was proven to have been involved with other person

now my client wants to apply for a divorce,can he apply for divorce,if YES then will wife get any of the property which is on his name or his inherited property?

All the property she got from her father is registered on her name and the husband who was seeking divorce

does not have any property on his name,all the property is on His mothers name,if he takes a Divorce from his wife does he need to give any maintenance to his Wife as its the case of proven Adultery.

Thanks,

Nitin.



Learning

 12 Replies

Dr J C Vashista (Advocate)     07 February 2015

What are the grounds for divorce, of course adultery is one of them.

She do not have any right over the property of her husband for the purpose of divorce. However, she is entitled (owner) of the property (share) in joint name, which she will have. 

Yes, alimony and maintenance for her life is her right, which may be denied in adultery case.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     07 February 2015

Prove adultery  with reliable  evidence and all your problems will be solved.

saravanan s (legal advisor)     07 February 2015

She cant claim any property on yoir name or mothers name but can on joint property.if the fault is on her and divorce results because of that then no maintenance for her

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     07 February 2015

Mere allegations of ADULTERY are not sufficient. You have to prove it by evidence in the court than all other problems will solve.

T. Kalaiselvan, Advocate (Advocate)     07 February 2015

Pleading 'Adultery' is also a ground for divorce but the burden to prove it beyond doubt will be on the shoulders of the person alleging it.   The wife cannot claim a share in her husband's property, there is no law approving such claims so far during the life time of the husband. However, the husband is duty bound to maintain his wife hence is has to give the alimony amount ordered by the court.  Adultery cannot be claimed as an exemption for this.

roshuv (Manager)     09 February 2015

Thank You Mr. Kalaikesan And Mr. Vashishtha for your replies.

One Small Query about HMA Sec 25

Case:Wife has filed petition for divorce. Claiming she was forced for abortion. Husband Denied any information about abortion and the child. Misc Case was filed by wife all articles were returned in satisfaction at her place (in mediation)

Then she demands alimony and divorce by decree. She fails to prove any corroborative evidence. Question is ; Does the Husband has to pay alimony. (Wife MBA previously working, Father CA and owns CA firm). Marriage lasted 9 months. Alimony demanded 15 Lacs.

Thanks.

roshuv (Manager)     09 February 2015

Thank You Mr. Kalaikesan And Mr. Vashishtha for your replies.

One Small Query about HMA Sec 25

Case:Wife has filed petition for divorce. Claiming she was forced for abortion. Husband Denied any information about abortion and the child. Misc Case was filed by wife all articles were returned in satisfaction at her place (in mediation)

Then she demands alimony and divorce by decree. She fails to prove any corroborative evidence. Question is ; Does the Husband has to pay alimony. (Wife MBA previously working, Father CA and owns CA firm). Marriage lasted 9 months. Alimony demanded 15 Lacs.

Thanks.

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     09 February 2015

Unless your can prove adultery you have to pay alimony and life long maintenance even if she is qualified.

1 Like

roshuv (Manager)     09 February 2015

Thank You Singh Sir for your Reply.

Can you provide me any link where Supreme court has given Judgement of NO ALIMONY for ADULTERY.

or ASSAM HIGH COURT.

 

Thanks

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     09 February 2015

It is the basic law and provisions are very clear and specific.

 

However there is no case law so far just because HUSBANDS from day one START  shouting  ADULTERY and there after develop cold feet since they can NOT  produce evidence acceptable in court of law.

Nitin (marketting manager)     10 February 2015

The proof of Adultery is that she is having a Kid and that kid is not her husbands Kid [DNA tests are not done Yet],but can my client request for DNA tests?

Thanks,

Nitin

aaggarwal (Manager)     03 March 2015

If the property is in joint name or even in wife's name but the full amount is paid by the husband then he can claim the property as I have done. (Case pending in Court) Transactions between husband and Wife and Father and Unmarried daughter does not fall under Benami Act 1988 and so you can get that property back in your name.

I am also going for Divorce based on Adultry of wife which I have video proof of.


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