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selvakumar (advocate)     23 October 2009

wife claming maintanance

sir/madam

A couple married in the year 1989 and two male children was born to them.During 1992 the wife left the matrimonial home and living with the another man and both the childrens are in the custody of the husband. during 1999 she filed a petition for divorce and subsequently it was dismissed for default. At that time the wife has received Rs.7,000/- and give a letter statting that she will not clime  what so ever (property and children) from the husband. after ten years she filed petiotion before loakadlath for maintnace.

In this regard i want to know wheter she is entitiled  to get maintanance  and give advice

selvakumar

advocate



Learning

 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     23 October 2009

A wife living in adultry is not entitled to receive any maintainance.

Suchitra. S (Advocate)     23 October 2009

Sir, As Archana ji has told, your wife cannot claim maintenance from you now ,when she is living with another man.

Prakash Yedhula (Lawyer)     23 October 2009

Adultry is not easy to prove. But  the letter releasing the husband from all future claims has some force. 

Khaleel Ahmed Mohammed (Advocate )     23 October 2009

The allegation of adultry must be proved before court. The divorce petition already has been dismissed as you have stated in your query . The maintainance petition is maintanable.

Anil Agrawal (Retired)     23 October 2009

 You can't prove anything. Law is loaded heavily in favour of the woman. Living with another woman and another man is not adultery. It is a charge that is loosely defined and used but hardly every proved. She will end up claiming and getting maintenance from you.

kapil kumar (advocate)     25 October 2009

if you are having sufficent proofs/evidence to prove that wife is living with some other man in adultry than she is not entitled for maintainance from husband.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     25 October 2009

As she herself written that she will not claim and got the one time settlement amount then she is not entitle for maintenance. Moreover, what about divorce you did not clear?

Further, do you have any evidence to proof that she is living with that guy, even then it is a strong point of adultry and she will not be entitle for any maintenance and on that point you can got divorce also, if you have not divorce till date.

Regards

adv.kamal.grover@gmail.com


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