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RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     03 August 2009

Can Adultery be proved through letters written by the wife

In a case my client is the respondent & his wife had filed a case u/s 125 Cr.p.c. & the Ld. court had passed an interim order as Rs. 2000/ per month but the wife had left her matrimonial house herself for the occassion of her younger sister's marriage but after reaching at her parental home she called her husband & told that the marriage of her sister got held oe month earlier. Moreover, we have got her handwritten some papers wherein she mentioned that she wants to marry with the person to whom sshe loves, she wantsto give divorce to her husband.

 

 

 



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 4 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     03 August 2009

She wrote in her letter that MAIN AAJ BHI JAB APNE MAANG MEIN SINDUR LAGATI HUN TO A(HUSBAND) KE NAAM KE SAATH B( LOVER) KE NAAM KA BHI LAGATI HUN, MAIN CHAHTI HUN KI A MUZE TALAK DEKER MERI SHAADI B SE KERWA DE. Moreover, she herself admitted her cruelities in her written papers. Now my question is whether the wife is entitled for any maintenenace whether inetrim or final.

vijay kumar (practise)     05 August 2009

125 cr.p.c means clearly that a wife wants money from her husband for her exp.lettors written by her prove primafacie aldultry ,it a ground of dovorce but she is stiil a beneficery of money u/s   cr.pc

Rajan Salvi (Lawyer)     05 August 2009

How does 'TALAK' and 'SINDOOR' go together?

Ziaul Haque Ansari (Advocate)     05 August 2009

Section 125 of the Cr.P.C. provides for the maintenance of wives, children and parents;

 

comming to your point untill and unless the Adultery is proved there is no bar in providing maintenance to the wife.

However you can prove the adultery only when the evidence begins, so in this circumstances interim maintenance can be awarded, if the magistrate so thinks.


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