How to avoid alimony in a divorce case
21-Jul-2023 (In Divorce Law)
We have been married for 6yrs under special marriage act but we both are hindu..how can i avoid alimony for giving to my giving..can i file a case of cheating of my wife..i have all her whatsapp and facebook flirt messages which she have sent to her male friends..
The Special Marriage Act deals with inter caste and inter-religion marriages. This act covers marriage among Hindus, Muslims, Christians, Sikhs, Jains and Buddhists. Two Hindus can get their marriage registered under this act. There's no restriction on this. The choice is on the couples to decide under which law they prefer their marriage to get registered.
Mere chit chatting with a person other than a spouse does not amount to adulteration, unless you have hard evidence to support your claim that is, of penetration occurring, which is very difficult to prove. The onus is on the spouse who brings the allegation of adulteration against his/her spouse.
You can either file a contested divorce petition on the ground of cruelty spelling out the hardship that you're going through or mutual divorce petition, whichever suits your circumstances. After divorce, the husband is not required to give any maintenance to the wife if she remarries or is not leading a chaste life.
Dear client,
As per the details provided by you my legal suggestion would be that only under section 125 of Crpc the wife is not entitled to maintenance if she is living in adultery on the condition that the husband has to prove such allegation but she can claim maintenance in other provisons of law such as D.V. Act and Hindu Marriage act but in your case the Hindu marriage act is not applicable
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