Wife having adulterous relation can we get divorce without alimony

952 votes

my dear friend , yes he can file divorce petition adultery is a ground of divorce
In the following cases the plea of adultery has been upheld by courts:
(a) Wife had been absenting herself from her house for some times and seen in the company of a stranger to the family of her husband without reasonable explanation or any explanation.

(b) Unrelated person found alone with wife after midnight in her bedroom in actual physical juxtaposition.

(c) Child born beyond the period of twelve months after the cessation of marital consortium between the spouses.

(d) Evidence on post-suit adultery is admissible to prove and explain other evidence given in the case and to show the character and quality of the previous acts.

(e) Paramour's letters indicating facts of illicit relationship.

(f) Admission of adultery by wife through letters.

(g) Testimony of disinterested witnesses to the effect that they had seen the respondent sleeping together with another person in nights is sufficient to prove adultery.

(h) A solitary instance of voluntary sexual intercourse by wife with other person is enough.
maintenance -
125(4) cr.p.c No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent .
child custody -
contest the case for child custody (for welfare of the children )

hope your query resolved

Advocate Manish Gupta LawRato

577 votes

आपके अंकल की विधिवत पत्नीि होने के नाते आपके अंकल से वह भरण पोषण प्राप्ता करने की अधिकारिणी है तथा कानून भी उसके साथ है एवं वह खुद कोई आय अर्जित नहीं करती है तो आपको भरण पोषण तो देना होना लेकिन आप उसकी जारकर्म में न्य स्तर होने बाबत प्रमाण प्रस्तुरत करें तो आपको फायदा मिलेगा

Advocate Ajeet Singh Pachar LawRato