No right in property and in maintainance

When she is proven guilty in a case of Adultery, Bigamy or any serious offense involving moral turpitude she will not get maintenance or right over property.  Right over property means, at present she does not have any right over husband's property except that which is held in joint names of husband and wife or that of married woman with that of any family member of husband.  She will not get maintenance if she is a working woman capable enough to sustain herself with her salary in such a standard of living as she had been enjoying while living with husband/husband's family.  However if her family is able to sustain her in same standard of living or better standard of living than that of her standard of living when living with husband, that is not applicable.  In other words, if married woman is enjoying better standard of living at parental house, than when she was living at her matrimonial home, even then she is eligible for maintenance from husband. 

Dear Chandrashekhar,

                                          Thanks for the answerFurthermoreI want to know whether a divorcee husband can claim damages for her adultery ? Can he prosecute to her paramour under Ipc 497 after dirvorce,because in dirvorce decree adultery and her living with another man is proved. What is the limitation period?

with regards

s.v.sathe

A divorce on the allegations of adultery can be simultaneously proceeded with charges under Sec.497 IPC.  You do not require a decree of divorce to prove adultery in order to file Sec.497 IPC and prove it in a criminal court.  The evidences adduced will be more or less similar in both cases, the only difference being divorce proceedings are civil proceedings and Sec.497 IPC will be criminal proceedings.  It is possible to prosecute her paramour under IPC 497 but she cannot be prosecuted as the provision does not allow a woman to be punished, it allows only the man enticing her and indulging in adultery with her to be liable for punishment under 497 IPC.  There is no limitation period for Sec.497.  Whether the divorcee can claim damages for adultery?  In India I think that is not yet begun, however if you want to set precedent, you have to appoint an exceptionally able lawyers who is well versed with Law of torts and claim for damages for the tort of adultery. 

Thanks