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Stanley: You seem to be speaking as per your understanding, which I am afraid does not appeal to the legal ears.
@ Akhilesh
The lady clearly states that she is getting more pension than him .What legal ears do you talk about ...my foot .
The basic fundamental of grant of alimony/maintenance is that the standard of living of the wife is put at par with that of the husband as she had been enjoying during her consortium with the husband. If the husband has entered into a s*xual affair with another woman during the lifetime of the marriage then that is a strong ground for divorce in favour of the wife and she can always claim maintenance through that.
The standard of living of the women was more than that of the Man What does CRPC 125 state below .The lady has very well stated that she is able to maintain her self .
The lady can file a complaint under IPC 497 is it not as per law which you have not suggested to her .The Courts have held that the evidence needed is evidence of inclinationand opportunity not graphic evidence of private activity in the bedroom.Inclination could be established by statements of affection in correspondence. Evidence of opportunity could be established through evidence that the two people lived together, traveled together or stayed in a hotel room together or were alone together at a time and place and for a duration which might be called "compromising". J
The lady herself has got a protection order under the DV act restraining the husband from entering into the shared house hold . Which is as much as a ground of cruelty being proved which is more than sufficient a ground for her to obtain Divorce . Why go all the way suggesting about the s*xual affair as a ground for divorce when cruelty has already being proved :-)
125. Order for maintenance of wives, children and parents.
(1) If any person leaving sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or
Section 497 in The Indian Penal Code, 1860
497. Adultery.-- Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descriptttion for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.
Receipt Pension shall not be a bar for maintenance but it would be taken into consideration only to determine the quantum of maintenance.
A foolish statement to be made when the women pension is more than the husband
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