Is this reasonable cause to deny for conciliation under 125 crpc?
Querist :
Anonymous
(Querist) 07 February 2011
This query is : Resolved
Respected learned members,after one year of wife desertino husband kept a girl for three months and left her since four months which do not know anybody about her.of course its wrong.but due to his wife negligence after efforts made to bring back her and his physical needs after one year of desertino he did that.there is no other reasonable cause for her in fact.he simply denied the fact in court.only her deposition in front of the judge only she came to know that in the form of my neighbours.only this single incidence of adultery can be called reasonable cause to stay in her mother house and to grant the maintenance under 125 crpc if they establish the fact?
adv. rajeev ( rajoo )
(Expert) 07 February 2011
Burden lies on the wife to prove the adultery, mere deposing before the court is not sufficient for the conclusion to grant the maintenance. To grant the maintenance willful negligence is must. Husband can easily ease his burden regarding adultery. Wife has to prove the adultery with a cogent evidence.
B.B.R.Goud.
(Expert) 13 February 2011
yes.... i do gree with the learned counsel.... that Burden lies on the wife to prove the adultery, mere deposing before the court is not sufficient for the conclusion to grant the maintenance. To grant the maintenance WILLFUL NEGLIGENCE is must. Husband can easily ease his burden regarding adultery. Wife shall have to prove the adultery.
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