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Vinod Gupta (accountant)     07 September 2009

interim maitenace

sir I want to know about any ruling in which the interim maintenace u/s 24 was denied on the ground of adultery and cruelty...

After some time of my merriage my wife quits from her parent's house and was in adultery with a person for a long time and now returned back to parent's home. After her arrival I filled a petition u/s 13(A) and requested for divorce on the ground of adultery and cruelty. I have copies of FIR and some proofs against her. 

But before the evidances on the case she made a petition for interim maintenace u/s 24 and demanding for monthly maintenace from me.

So please suggest me the right way to avoid these circumstances as I am not a defaulter.



Learning

 1 Replies

Adv. Deepak (Advocate)     09 September 2009

An able bodied person has a responsibility to maintain his wife and children.  Even if she has committed adultery and you have proofs, that cannot be a defence to defeat her petition under s.24.  If you could prove that she has independent source of income and she is able to maintain herself, then only her case under S24 can be defeated.  ddkharpudikar@indiatimes.com


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