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Fake adultery case filed by husband, will it affect my maintenance?
10-Jan-2023 (In Family Law)
Sir I had been suffering from sexual and physical violence from my husband and he ran n left me. N my 6 months old around 5 months back .. During thar time i was going through emotional break down as my husband stated he had extra martial affair to which in emotional flow i too texted i am too going in living relation with some other and asked my friend to call him so that he stop torturing me n come back but now he starting prooving me in adultery relations with other guys. I was and am in no relationship with any guy except my husband ..but i am in fear by this will it affect my maitainance case or will he claim custody my daughter.
If he will prove adultery then you will not get any maintenance. But even if he has taken this as a ground for divorce still you can claim interim maintenance. For better advice you need to personally come and explain the facts of your case then only I can advice you properly.
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Adv. Brajesh Kumar
Delhi | 100+ Answers
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Hi.....is there any case filed by you? You have not given any description of the case filed by you. It totally depends on evidence and it is a matter of trial.....but if he proves that you are living in adultery then yes your fear is correct
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Don't get panic because of these allegations, as he has to prove these relationships. Second, it surprised me that when you have lawyer for your maintenance, then you should consult your advocate, who is more known to the facts and situation.
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Adv. Anil Upadhyay
Delhi | 25+ Answers
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Mam, don't worry he cannot prove adultery against you And there is no question regarding your maintenance case... In adultery, your complainy regarding such person who involve in adultery is necessary....
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Adv. Sanyam Jain
Delhi | 25+ Answers
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It's generally a tough task to prove the illicit relationship and it is usually pleaded to avoid the maintenance to the wife but here you need not to worry as the the things which u said were reciprocal in nature and we're done under the pretext of that your husband would bring you back. Although that particular statement got backfired and he made it a sole ground to avoid the maintenance or seek divorce but the court does not take that particular things into account and you can also put him to the strict proof if the same . You have not told us the nature of proceedings presently going on in the court , but if you have given the query on presuming the prospects of the action being taken then you can file a section 9 application for the restitution of conjugal rights and can seek a decree in your favour if he voluntarily deserted you from the matrimonial home without any reasonable ground. Anyway You can contact us through Law rato if you get no remedy available through other ways.
Thanks and Regards
Advocate Suneel Kumar
Thanks and Regards
Advocate Suneel Kumar
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Adv. Suneel Kumar
Delhi | 200+ Answers
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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.
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