ADULTERY

Querist : Anonymous (Querist) 06 February 2011 This query is : Resolved
RESPECTED EXPERTS,
Will Wife live in adultery is entitled to get maintenance from husband under Section 125 Cr.P.C.???
what is view of Supreme Court and hHigh Court in this regard?? pliz attached judgement/ruling by Court.
Thank''s in advanced.

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Devajyoti Barman (Expert) 06 February 2011
Proof of living in adultery is a condition to disentitile the wife from getting maintenance. However it is 'living in adultery' and not commtting an adultery which makes a single or plural acts of adultery prior to the filing of the proceeding u/s 125 crpc thins of no consideration while granting maintenance..

Arvind Singh Chauhan (Expert) 06 February 2011
No citation required Sec 125(4)itself dis entitle her.

Guest (Expert) 06 February 2011
Yes , section 125(4) disentitled the wife to claim maintenance.

Querist : Anonymous (Querist) 06 February 2011
THANK'S you all for response.
@Devajyoti Barman sir need further enlightened from you, if possible pliz!! describe your advice with attesting judgment/leading cases by supreme court and High Court.

N.K.Assumi (Expert) 06 February 2011
Agreed with the members views.How cam she claim mainte4nance by committing adultery or by living in adultery, let her be maintained by her Lover(s)

Querist : Anonymous (Querist) 06 February 2011
Sir's what if during the pending of proceeding under 125 of Cr.P.C husband take the stand of adultery for denying Maintenance to wife.But according to wife it is not.
Again really thankful to you all for response.

N.K.Assumi (Expert) 06 February 2011
Burden lies on the husband to proved her adultery, he can not make a wild allegations of his wife's adultery just to esacape from maintenance.

Querist : Anonymous (Querist) 06 February 2011
@N.K.Assumi Thank's for response.
Again sir is proving of adultery by husband will take place under the same Maintenance preceding itself.????

Advocate. Arunagiri (Expert) 06 February 2011
Yes, he has to prove in the same proceedings.

Uma parameswaran (Expert) 06 February 2011
Husband can file counter in the maintenance petition .

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