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Can I claim alimony in India if my husband has committed adultery? I am filing a case against him fo


17-Jul-2024 (In Criminal Law)
I am a Hindu female married for 2 years. My husband is having an affair with another woman, and according to sources, they are physically involved. They started a business together a year ago, which my husband never disclosed to me. They both work in the office during the day and spend evenings together in a rented room. He tells me he is going to work, but he goes straight to their business place. If I file a case, I want to involve the other woman. Can I still get alimony if my husband claims to be unemployed? He told me he resigned, but I suspect he is working with her to deceive me. Please advise on all the actions and measures I can take against both of them. What would be the alimony in case of adultery in india?
Answers (5)

You cannot criminally prosecute either spouse for 'adultery-(Supreme Court decriminalised Section 497 IPC in Joseph Shine v. Union of India). See Joseph Shine v. Union of India: https://indiankanoon.org/doc/42184625/. You do have civil/matrimonial remedies: file for divorce (adultery/cruelty grounds) and claim interim or permanent alimony under the Hindu Marriage Act, Sections 24 and 25 (texts and explanation). See HMA, Ss.24'25: https://indiankanoon.org/doc/192430907/. You may also claim maintenance from the husband under the BNSS (formerly CrPC Section 125) -BNSS Section 144 preserves the maintenance remedy; courts can order interim relief quickly. See BNSS S.144: https://thebharatiyanagariksurakshasanhita.in/chapter-10-order-for-maintenance-of-wives-children-and-parents/. If the husband is secretly earning or conceals income the courts routinely impute income, draw adverse inferences and award/alter alimony accordingly (see Shamima Farooqui v. Shahid Khan (maintenance principles) and Rajnesh v. Neha (guidelines on maintenance and awarding from date of application)); see Shamima Farooqui: https://indiankanoon.org/doc/189967724/ and Rajnesh v. Neha: https://sooperkanoon.com/case/1227614/rajnesh-vs-neha. Finally, a third party may face criminal liability under the Bharatiya Nyaya Sanhita (for example Section 84 BNS criminalises enticing/taking away a married woman with intent for illicit intercourse) if the facts show enticement/abduction; see BNS S.84: https://indiankanoon.org/doc/149679501/. In short: pursue family'court remedies (Section 24/25 HMA and BNSS S.144) and gather financial evidence (bank records, communications, proof of joint activity) so courts can impute income; criminal adultery charges are not available but BNS S.84 may apply to wrongful enticement.

Answer #1
491 votes

In India, adultery by a spouse does not automatically bar them from receiving alimony or maintenance. The courts take into account various factors such as financial dependency, earning capacity, the duration of the marriage, and the overall circumstances surrounding the separation. While adultery is a valid ground for divorce, maintenance may still be granted unless it is clearly proven that the spouse is "living in adultery,"which implies a continuous and ongoing extramarital relationship. As per Section 125(4) of the Criminal Procedure Code, a wife who is living in adultery is not entitled to maintenance. However, a single instance of adultery, especially if not ongoing or proven in court, may not disqualify her from receiving financial support. The final decision lies with the discretion of the court, which aims to ensure justice and prevent financial hardship to the dependent spouse.

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Answer #2
931 votes
Mam If you want you can file a complaint against your husband for cheating and mental cruelty. Mam If you want you can file a complaint against your husband for cheating and meMam If you want you can file a complaint against your husband for cheating and mental cruelty. ntal cruelty.
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Answer #3
589 votes
Yes u can file an adultery case but u have to collect evidences before that. Permanent alimony is not as easy until both get agree. First try to get divorce through mutual consent. If he does not give up then try to collect evidence then file divorce on that ground.
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Answer #4
628 votes
Hi. Mam... U have lot of legal action against ur husband..... Maintenance case against ur husband. And one case u can filed against ur husband adultary And u can also file dv case..and can a fir 498 a ipc also....
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Answer #5
668 votes
You can get alimony and maintenance. Your husband will certainly say that he is unemployed and has not income. Therefore, keep his employment, business and income proofs with you, especially, his ITR details, Employment letter, Bank statement and passbooks, list of assets/property details, sources of other income etc. As far as relationship with other female is concerned, unfortunately, this is not an offence in India. But, if the girl is married, her husband can take action against your husband. But, this is certainly a ground for divorce or judicial separation and a justification for living away from your husband, if you want to avail any of these remedies.
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