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What is in the name ( )     27 November 2014

Ex-spouse claiminig maintenance after divorce

Dear Esteemed Counsels,

Can an ex-spouse claim for maintenance using DV when she  has been involved in infidelity and granted divorce on proven grounds of extra-marital affairs and mental cruelty to husband?

 

Appreciate your advice

 

Thank you



Learning

 4 Replies

ROHIT SHARMA (Legal Advisor )     27 November 2014

1. Not at all. The divorce decree settles this issue unless no alimony was paid.

What is in the name ( )     27 November 2014

So, does it mean that per Indian Law a female spouse is allowed to escape from any punishment  for infidelity and extra-marital and yet allowed to claim maintenance?

 

No, no alimony was awarded - since in retaliation to Divorce filed by opponent, she had filed DV for maintenance. She happens to be gainfully employed though

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     27 November 2014

A decree of divorce obtained by a person, either ex-parte or after effective contest, would not absolve him of the liability to pay monthly maintenance amount to his wife if such amount had been awarded by a judicial magistrate by invoking Section 125 of the Code of Criminal Procedure, the Madras High Court Bench here has held.

What is in the name ( )     27 November 2014

That is clear Ramachary sir.

My question  is different and  let me rephrase it -  is an ex-wife entitled for maintenance if either of below -

a) she has been  involved in infidelity and extra marital affairs (divorce was awarded post  contest on  the basis of this)

b) she is gainfully employed to be able to maintain herself


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