Divorce without alimony if wife is guilty of adultory
randhir
(Querist) 22 July 2013
This query is : Resolved
dear sir,i need divorce as my wife is guilty of adultoryand she has confessed it before the judge (that she was in affair with the boy for 2 yrs before marriage,continnued after marriage and eloped with him after2 years of marriage).she admitted her in-laws and husband are very nice but she wats to marry the boy she is in love with.she agreed for divorce on mutual basis but was abducted by her brothers before the legal formalities .they want her to chane statement and claim for alimiony. ineed divorce without alimony as iam the sufferer and has been cheated by her. please help. thanks
Adv Archana Deshmukh
(Expert) 22 July 2013
Talk to your lawyer and wife also. If her conscience prevail she may give you MCD without alimony. If not then you will have to prove the grounds and adultery.
malipeddi jaggarao
(Expert) 23 July 2013
Ms.Archana - adultery is admitted by the lady before the court.
prabhakar singh
(Expert) 23 July 2013
"i need divorce as my wife is guilty of adultery and she has confessed it before the judge (that she was in affair with the boy for 2 yrs before marriage,continued after marriage and eloped with him after 2 years of marriage)."
WAS IT RECORDED ON PAPER BY THE JUDGE?
IF YES THEN NOW SHE CAN NOT CHANGE IT.
SPOUSE AT FAULT HAS NO RIGHT TO RELIEF.
Devajyoti Barman
(Expert) 23 July 2013
Adultery is ground to avoid maintenance u/s 125 crpc. Section 24 of HMA having been silent on this issue, the opinion of the courts is divided on this aspect.
prabhakar singh
(Expert) 23 July 2013
THERE IS A 'FAULT THEORY' IN MATRIMONIAL CAUSES AND IT HAS NOW BEEN APPROVED IN Darshan Gupta Vs. Radhika Gupta.By APEX COURT.
". In other words, if either of the parties is guilty of committing a matrimonial offence, the aggrieved party alone is entitled to divorce. The party seeking divorce under the “matrimonial offence theory” / the “fault theory” must be innocent. A party suffering “guilt” or “fault” dis-entitles himself/herself from consideration. "
