wife should make application for interim maintenance for herself and her child . also claim litigation costs . allegations of adultery have to be proved .
Divorce on the basis of adultery
Divorce claimed by husband on the basis of adultery.. Case still pending in court and not proven yet... Case is on for 3 years... what rights that wife has ?. she is in her father's home ? Can she claim lawyer fees spent ? Maintenance of her and her child? any other ?
Asked 10 years ago in Family Law
Religion: Hindu
16 Answers
Adulterous wife not entitled to maintenance". The husband cannot be asked to continue his marital relations with his wife who has breached the marital trust between husband and wife."
adultery is not yet proved so if you are not working you can claim maintenance for your self and your child under section 24 of HMAct,let the court decide on this instead of you deciding whether you are entitled of maintenance or not
Adultery is a fabricated story on his wife... It is not proven... He has photos of talking to a guy and phone contact registry.. Is there anyway a husband/wife can be subjected to medical test to prove that they had sexual affair . I heard about Lie detect test.. Is it true ?
Asked 10 years ago
That is what i am saying adultery not yet proved and she can claim maintenance for herself and her child
Mr.Bari please read and answer appropriately....
Asked 10 years ago
i have read it ,when i am not saying anythigh for other facts it mean you forget about it and focus on your relief
Focus on relief. !!.. its right.. but this is life..especially a girl with children with false allegations. cant let it go as it goes... Thats why i asked about those tests to prove herself innocent ...
Asked 10 years ago
it is very difficult to prove adultary under indian law
1) mere photographs of wife with another man does not prove adultery . unless photographs are in a compromising position no case can be made out .
2)wife cannot be forced to undergo lie detector test
She can claim the amount she spent on availing the services of her lawyer. In order to get maintenance for herself and her child she can sue her husband to provide financial support to both of them.
Unless the photographs unhesitatingly prove that she was intimate with another man adultery is not proved. Seeking financial support for herself and her children has no nexus with adultery. She can claim the fees of her lawyer and also sue her husband for maintenance.
Lie detector test will not be ordered under any circumstances by court.
Adultery is not proven and it is false allegations as i told earlier... As you said we can maintenance of her and child... how do we know how much is he earning... If he works in a company we can have payslip... but he is doing family business... We know its running good. But in the court he said he depends on his father.. he has no income.. what to do ?
Asked 10 years ago
1) is your husband filing income tax returns ?
2) your husband would be called upon to file affidavit in court disclosing his income .
3) you can ask for copy of income tax returns filed by the family business .
4) inference can also be drawn by considering life style of your husband like ownership of cars, membership of clubs , credit card bills , etc
I knew he filed income tax return when she was there in husband's home... Now no idea... As told he claims he doesn't have income.. As you told i think we can press him for affidavit claiming all his income..... After we get income tax details copy, Shall we claim maintenance for last 3 years.. These years her father maintened all her expenses/ her child schooling.......
Asked 10 years ago
contact a detective agency . gather all evidence before you file case . you can claim maintenance from date of filing of application
It is your duty to find out what he is earning. Income tax returns will be very difficult to produce in court. If he is able to show that he has no independent sources of income then he may escape without any liability fastened to him.
False affidavits are filed in court at the throw of a hat. So an affidavit will not bring the desired result. You have to submit proof of his income.
Maintenance can be claimed for the period during which he has abdicated his duty to financially support his wife and children.
when you make an application for maintenence ,both the parties will be directed to file detailed affidavit which shows complete status as to wealth and salary,a court accordingly fix maintenence