125 crpc-wife-adultery-entitled

R.Manivasagan (Querist) 20 October 2013 This query is : Resolved
Dear Seniors,
Wife of my client is leading an adulterous life with one XXX and the sexual video of my client's Wife is available in the internet also. my client downloaded it and lodged a complaint before the Cyber Crime and they refused to entertain the complaint and stated that the Victim Girl should approach and file a case. we could not agree. in the meantime the wife initiated 125 CrPC against my client. Is there any latest positions in this regard? We have also initiated the Divorce proceedings and the same is pending for disposal. i got two judgement reported in 1980-CriLJ-354 and MANU/TN/2456/2002. please.

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Sarvesh Kumar Sharma Advocate (Expert) 20 October 2013
agree with your point but,if you can prove then only file divorce with this ground !

Devajyoti Barman (Expert) 20 October 2013
If the authenticity of video is proved by FSL, then the court may refuse to grant maintenance to wife.

P. Venu

(Expert) 21 October 2013
Wife's partner in the video could be proceeded against for adultery.

Ms.Nirmala P.Rao (Expert) 21 October 2013
Let the Video in question be sent to Forensic Department for examination and after getting its genuineness established only, her maintenance case would be dismissed by the court on the ground of her adultery, if the Video evidence is duly proved in court.

Rajendra K Goyal (Expert) 21 October 2013
Agree with thew experts, nothing more to add.

R.Manivasagan (Querist) 21 October 2013
Dear Seniors,
Thank you for ur opinions. in fact The wife of my client also accepted the existence of the CD in her affidavit filed in the interim maintenance application, but she leveled allegations that the video was taken by my client on a particular date and she mentioned it. In fact the date in which is one of the Hearing date. so, we are in safer side. anyhow i am looking froward a citation in this regard. please

Ms.Nirmala P.Rao (Expert) 21 October 2013
It is settled law that on due proof adultery or unchaste conduct- the wife's right under Indian Family laws to obtain maintenance gets forfeited both as per Indian statutory(for e.g Section 125(4) Cr.P.C) and also judgemade law. If you are satisfied with this reply please click my profile's Thank you button.