roshuv (Manager) 07 February 2015

No alimony due to adultery by wife

Dear Sirs,

My Marriage lasted 9 months.Out of which 2 months we were not together. Hence max of 7 months it lasted. Marrg request was sent from the women's side with false information. She left home on pretext interview and never returned.

I called her and she shouted on me alleging my parents. Again I called her and asked her to come back & I will be providing tickets and resolve the issue.She said she would let everybody know her decision. I have that recorded on Mobile. Subsequently she file divorce after 3 months alleging that she was forced to abort child on so and so date by us and demanded divorce. We asked them for mutual divorce but they avoided it .Our lawyer defended by saying we know nothing of the abortion and we accept divorce based on cruelty.

They Filed Misc Case for their articles. Case went to Mediation where they harassed us over gold items. They brought a jeweller to say gold Items are fake. Fortunately every thing matched and true, they had to sign a document of Receipt of all articles to their satisfaction'.

Immediately after that Woman & her father demanded Alimony of 15 lacs saying that they have now enough evidence of torture. She & her father wants Permanent alimony and he said that he does not want any maintenance. My lawyer is saying that it is their burden to prove about the abortion and it is proved adultery so no alimony. They in their counter claim have provided 2 family photographs of a marriage ceremony proving that there was cordial relation ship. She has done MBA .I have her resume sent to me in mail for Job search. She worked in VLCC past as Branch Manager too.

Pls Tell Will I win the case and pay no alimony. Later if they file Maintenance case again then.

Can I show that I've been subject to tremendous mental torture which affected my Job nd demand compensation. pls advice anything more can be done.

Thanks

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4 Replies

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com) 07 February 2015

There are very few exception where you can avoid paying maintenance and alimony even after divorce.

First you have to prove that she left of her own will which is not easy to prove.

Another and more cruel one is that you have to prove EXTRA MARITAL relations. But it needs evidence which should stand in the court.

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roshuv (Manager) 07 February 2015

Thanks for your reply sir.

But In the claim they have said that she had got a job of 15,000/- pm but was not allowed to do job becoz she did not get a 50,000/- pm. She is MBA (Past working and can maintain herself).

I called her and asked to come back which she refused saying she will tell her decision to everybody. Marriage lasted 8-9 months. FURTHER In their claim they have NOT mentioned any date when she left. She herself said that in pretext of Interview she left and never returned.

We have a missing diary in police. Our Lawyer is saying be relaxed No alimony to be paid as they have said in claim of abortion and we have denied any information about it. How can she prove that the child was from me. Corroborative evidence is needed.

On ground of adultery I may get a positive outcome. My tension is how can she prove all the allegations and is Ground of Adultery a reason for no Alimony . is it approved by SUPREME COURT.

Thanks.

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com ) 21 February 2015

You have given separate story in different posts.

roshuv (Manager) 21 February 2015

No Sir,

Same Story with more details here.

Case has proceeded, date has been given by lower court as "Necessary Order".

Their Lawyer (Wife's) had approached us for settlement out of court for some amount. We have refused. There will be contest now. My Lawyer assures NO alimony as adultery will be proved as per merit.

My Question : With all details is Adultery proved circumstantially if the allegation made by petitioner Fails to prove respondent the Biological father ?

& if Adultery proved Will there be NO alimony.

Thanks