IN CROSS-EXAMINATION A WIFE TO CONCEAL HER ADULTERY DENYED HER DIARY

708 votes

Yes. only isolated case of adultery is not sufficient,in maintenance case, a continuance adultery has to be proved. The husband has to prove other adultery of wife along with the above one,in order to deny maintenance or Alimony amount.

Advocate Jibanananda Padhy LawRato

668 votes

In the present case, though the trial court did not exercise its power under the Indian Evidence Act and the husband’s counsel failed to press the diary, the petitioner may still seek its production at the High Court stage in RP(FAM) by filing an application under Order XLI Rule 27 read with Section 151 CPC, as the proceeding is quasi-judicial in nature. However, such permission is granted only when the evidence is necessary for proper adjudication or could not be produced earlier despite due diligence; mere lapse of counsel is generally insufficient, though it may be argued as causing prejudice to justice. Further, under Section 125 CrPC/Section 144 BNSS, a wife living in adultery is not entitled to maintenance, but adultery must be proved by cogent and convincing evidence and not merely by allegations or an uncorroborated diary. Even if proved, it usually affects future maintenance and not arrears already granted. Therefore, the proper course is to pursue the RP(FAM) by seeking additional evidence and also file a petition under Section 127 CrPC/Section 146 BNSS for cancellation or alteration of maintenance based on subsequent proof of adultery supported by reliable independent evidence.

Advocate Mahadev Sahu LawRato

915 votes

At HC stage, you may seek to produce additional evidence (diary) under Order 41 Rule 27 CPC on limited grounds. Adultery must be strictly proved; mere allegations won’t bar maintenance unless living in adultery is established. However, Interim maintenance may still continue.

Advocate Sandipan Mohanty LawRato