quesFriends wife characterless. Do he still need to pay her after divorce?

My friend recently found out that his wife is in an extra marital affair with another person. He got know about it through call logs and chats between them. Now if he files for divorce will he need to giver her some money even though she is characterless. What should he do so that he doesn't have to give money to her?

  • ansThe fact provided by you reflects that your friends wife  is in an adulterous relationship . Indian law treats adultery as an offence under Section 497 of Indian Penal Code, punishable with imprisonment which can be extended for a period of 5 years.

    The fact provided by you reflects that your husband is in an adulterous relationship with another woman. Indian law treats adultery as an offence under Section 497 of Indian Penal Code, punishable with imprisonment which can be extended for a period of 5 years.

     

    Section 497 of Indian Penal Code , 1860 reads as under:

    "Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery."

     

    In view of above, you have an option to make a criminal complaint against  man by invoking the penal section 497 and 499 of  Indian Penal Code before the appropriate criminal court in India.

     

    Further, the divorce laws depend upon the religion of the person.

    Assuming you are Hindus, you will be governed by Hindu Marriage Act.

    Section 13 of the Hindu Marriage Act provides the various grounds on which divorce can be sought by one of the parties to a marriage. It is as follows:


    Section 13(1) states that a petition may be presented by either the husband or the wife, for dissolution of marriage by a decree of divorce on the ground that the otherparty-

    i. has, after the solemnization of the marriage, had voluntary, sexual intercourse with any person other than his or her spouse; or

    a. has, after the solemnization of the marriage, treated the petitioner with cruelty; or

     

    In view of aforesaid , you can file a divorce petition under Section 13 (1) (i) and Section 13 (1) (ia) on the grounds of adultery and cruelty ,and seek dissolution of marriage. It is pertinent to mention here, that  to prove adultery   is generally  very difficult, the onus of proof is usually on the petitioner and you need to have strong and cogent evidence to prove that she has committed adultery. The evidence stated in query will have to examined  to conclude whether they are strong and cogent evidence to prove adultery.

    Regarding, paying maintenance, there are clear judgement which states, that if the wife lives in adultery or cruelty on husband, then she is not entitled for maintenance.

    Hence you will have to pay no money.

     


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  • ansDear,

    Generally its a very tough task to prove that she has an affair with some one else. If you have sufficient proof than you may file a case of adultery against the man who have an affair with the wife of your friend.


    if you manage to prove adultery, then she won't get maintenance or alimony.
    no matter you are able to prove or not, it is better to take precautionary stuff so as to reduce alimony, but sincerely advise to go for proving adultery.

    Thanks
    Mohan S.

    Advocate Mohan S

      Janakpuri, Delhi

  • ansI'm accordance with law by High Court of Delhi, a husband is bound to law litigation expenses @11000 to the wife if filing divorce. However adultery is a cause which shall lower the rate of maintenance awarded to wife after due evidence.

    Advocate Ashima Puri

      Saket District Court, Delhi

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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