Maintenance in 497

GIVING EVIDENCE IN COURT FOR AFFAIRS WITH OTHERS IS NOT EASY. YOU HAVE TO PROVE IT.

 

MERE PHONE CALLS OR GOING TOGETHER PROOF HAS NO MEANING AND EVIDENCE VALUE.

1. I have phone voice recording,

2. Police recovery copy, she was missed from home for 12days and was recovered by police from an Ashram.

Those proofs are not enough?

proving adultery with sec 497 is not so easy.you have to provide sufficient proof against the defendant to prove that she had lived life in adultery.apart from call recordings and other proofs you got to prove that they had chances to stay alone for reasonable time and through the sms, chats, call recordings etc it could be decided that there is a probability for adultery.even then according to sec 497 you can initiate action only against her paramour and not the woman involved in adultery. her paramour can be punished with five years imprisonment and fine. but you can file divorce on reasons of adultery and if proved against her you are not entiltled to pay maintenance to her but if you have children you are required to shell out 1/3 of your salary as maintenance to your wife

Unless you can prove physical relations with other persons phone recording and missing from home will not have any evidence value.

Thanks for the reply Mr. saravanan.s .......  the lines you wrote --you can file divorce on reasons of adultery and if proved against her you are not entiltled to pay maintenance to her,

Can you pls Clarify the word maintenance here does it also include PERMANENT ALIMONY.

and if the case is vice versa. i.e Wife files for divorce and later demands alimony based on grounds of forced abortion and could NOT establish it. Does it AUTOMATICALLY proves adultery by wife. hence Denial of Alimony.

Thanks

Yes if you can prove adultery against wife then no need to give permanent alimony.but diring the proceedings if she asks for interim maintenance you got to pay her