Alimony hma u/s 25 (adultery)

If adultery is proved u dont need to provide maintenance but during the proceeding she can file a suit for interim maintenance

Thank you Sir for ur Reply.

As per my lawyer petioner (Wife) has herself mentioned that Abortion has been done. She mentions Hospital name, date, and says she became pregnant at her Father's house (diff. state) after 1 month of no cohabitation with husband. providing urine test report as proof. but abortion done in matrimonial home (other state). Note: on this sole cause she has prayed divorce. no Domestic violence. NO Dowry harassment.

We have denied any knowledge about the same. As per lawyer its her burden of proof to discharge the allegation. And prove with DNA test report as corroborative evidence. She fails to provide the same.

Question: Is Adultery proved in contest circumstantially? As per HMA sec 25 " If Wife is found unchaste the court may modify, Rescind the order as deemed just". on this point will there be NO alimony if she prays after divorce is granted.

Thanks All.

Good case for you.

Thanks Adv. Trilok Sir.

good case for me. I hope u r saying that i WILL get relief in Different way completely. NO Alimony will be granted. ?

:)

Dear Sirs,

Thanks for your help and support till date. 

In respect to this very post (made earlier)

Where Wife has filed petition for Divorce alleging Forced Abortion ; Husband in his WS has denied the same and other allegations.

Wife Filed Misc Case for Streedhan Husband has returned all the Wife's articles in Court to her satisfaction. Wife tried to harrass by bringing in a Jweller at the time of returning all her articles & saying gold items fake but that didn't work.  Wifes's father Verbally demanded Huge Permanent alimony. We Refused.

the current status is:

Wifes's Lawyer asked to settle the case mutually for one time token payment, we Refused.

Case was to be contested. They pushed the dates, finally during "Date of Evidence" Wife's Lawyer approached my lawyer and said they are ready to Withdraw their petition and file a JOINT amicable settlement.

On the day of evidence Wife's lawyer in front of Addtnl District Judge requested for another date to Resolve the Case amicably.

 Query 1: Can Husband Request the Court to give the Divorce by DECREE (Jointly filing amicable settlement i.e both parties have agreed) ?

Query 2: Is this a TRAP? by wife to just get the divorce amicably then file Maintenance Crpc 125 Case or HMA 25. (As she is unable to prove her Abortion & other allegations cogently now).

Wife's Father is Influential and even shouted on my Lawyer Openly in court. What should be my plan of Action Now?.

Thanks & regards.