1. Yes adultery is a ground for mental cruelty and hence you prove this adultery then divorce is granted for sure.

2.If you can prove that she is continuing living in adultery then maintenance is refused.

3. Maintenance is based on 1/3-1/4th income of husband ,not savings unless the savings generates regular income.

4.Your expenses are deducted while calculating disposable income lying in your hand.

To prove on grounds of adultery it gets really tough.

As you have stated that she has forced you to stay separate from your aged ailing parents.

Email her stating that your parents have grown old and you need to stay altogether, let her reply she does not want to stay with your parents or if you have such proof already then it is a very good ground for divorce on basis of cruelty. If your lawyer wants and can show her qualification details she can be denied maintenance.

Respected sir...

1-if you have audio recording that is sufficient prof for entering into divorce in Adultery and there is no parameter to decide your mental harassment so just go ahead ...

2-sir maintenance will be paid or not that will be considered by court but yes you can take that plea..

3-it will be decided on your salary.

4-sir as per me mainatnce will upto 10 to 12 k ..

You have to face that and face that strongly ..Just go ahead court will consider your facts..

Thanku

1) you can file for divorce on grounds of mental cruelty and adultery

2) wife guilty of adultery is not entitled to maintenance

3)maintenance depends upon your net income after taxes . court considers whether you have any dependents while determining maintenance

4) if you are able to prove adultery you dont have to pay any maintenance

Dear Client,

Recently Supreme court has ruled, forcing to stay away from parents amounts to cruelty and ground for divorce.

Can i go for divorce in term of mental cruelty and adultery . - adultery needs to prove with cogent evidence.

2. If she is in Adultery then monthly maintenance is required to be paid by me -- No, also on the ground she herself left the matrimonial home.

3 If Yes, Then . Maintenance will decide on the basis of monthly salary or will be decide on basis of saving . --- Salary and acc. to living style of husband - upto 25% .

4. how much expected monthly maintenance or one time alumni .My Monthly salary is 90 K including Income tax and other liabilities i.e. my 7 years old son who is living with me , My old parents who is also fully depends on me, father is heart patient , my house hold expenses and Social responsibilities also . - In this case, maintenance towards wife might be ordered less than 25 % -- if can prove adultery than no maintenance.

Alimony - depends upon the settlement reach between the parties.

Contact for assistance in Jaipur

Asked 29 minutes ago in Family Law from Jaipur, Rajasthan

Hello sir , the court can grant uo to 1/3th of salary of the husband as monthly maintanace .. However , court also considers the liabilities of husband in terms of loans and other personal expenses .. It is advisable to file adultery charges on her freind and file divorce in the same grounds .. If the FIR gets lodged under adultery, it will favour you in obtaining divorce .. What all chat messages do you have ??

1. Yes, you can file divorce petition on the ground of mental cruelty and adultery. 2. You have to pay maintenance, if she claim maintenance before the court by filing an application. 3. Usually,1/3 of the husband salary amount would be fixed as maintenance. 4.There is no provision for lumpsum maintenance, it is always depends upon the acceptance of the parties. 5. In case if u proved the case of adultery against her, she would loss to seek the right of child custody.

Hi,

You may move a petition based on bigamy and cruelty if you have proof of that.

The maintenance is decided by considering all the social and family grounds and income of the person and if you have the proof of bigamy that will be major factor to decide maintenance under section 125 Cr PC

1. You can file divorce for the grounds of mental cruelty and adultery.

2. Wife can not be entitled for maintenance Or alimony, In case of her Adultery is proved in court.

3. In case of her adultery is not proved in court then 25% of your salary would have to be paid to her towards maintenance. Court may not consider your other responsibilities towards medical expenses of your parents ... etc., But it is early to discuss about the slab of alimony or maintenance.

as per first question yes you can divorce on the grounds of cruelty.

secondly the monthly maintenance is not decided nor there is any kind of calculation for it, it depends on facts and circumstances, if your wife is earning then you might need not give compensation, bit it depends on each and every case. maintenance is decided on basis of monthly salary.

giving your circumstances if you are ready to give maintenance tell court what are your monthly expenses and as you also have son, it shoudnt be above 30000.

1. Yes, you can file a divorce suit on contest on cruelty and desertion ground, but you have to strong proof.

2.If you would able to prove of adultery then maintenance may be rejected.

3 &4.There is no specific guide life to fix up quantum of maintenance, its is own discretion of the court, but it may be one forth to one third after minus of your all liabilities.

Dear User

In response to your query No.1,

Yes you are entitled to file application for Divorce. You need to prove your allegations beyond reasonable doubt with substantial proofs.

In response to your query No.2 to 4, You need to prove your point i.e, Adultery. There are various parameters viz., your social status, community, your place of living, educational back ground etc., apart from others, which the court will take into consideration before awarding the maintenance.

Further, court will have a soft corner towards the claims made by your wife in her application, which you need to contest tooth & nail.

In order to reduce quantum of maintenance which you are likely to pay to your wife try and collect the below mentioned documents:

1. Any loan if you have, the EMI you are paying.

2. Obligations pertaining to maintenance of your parents.

3. Any & All overheads / expenditure you are paying with supporting documents.

4. All the payments / expenses to be made through Bank only.

PS: It is advisable to go for one time settlement i.e., by paying one lumpsum payment viz., PERMANENT ALIMONY.

Good Luck

1. Off course. You have sufficient ground to contest a divorce on the ground of mental cruelty. However, adultery requires a very strict proof. Allegation of adultery needs to be made out, not just alleged.

2. Mostly no. Final call would be taken by the Court.

3. On the basis of your income, assets, recurring liabilities and obligations too.

4. I cannot talk about one-time lump sum alimony. As regards to monthly maintenance, expect to pay to your wife anything in between 18-20 thousand.

Hi

1. Yes you can go for divorce on these bases.

2. Yes maintenance is needed to be paid if she is not capable of maintaining herself.

3.

4. 25%of your net salary can be the maintenance.

If she is working somewhere or can work then you may need not to pay anything.

Thank You

1. Depending on the actual content of the audio recording, which you say is in your possession, you may file a petition for dissolution of marriage on the ground of adultery.

2. If you can prove her adultery then you may successfully repel her claim to maintenance as an adulterous wife cannot claim maintenance.

3. Ordinarily, the maintenance is 1/3rd of the proved net salary of the husband. The court has to factor in your liabilities before quantifying the amount.

1. Yes, this will substantiate of allegations at least. The final decision on the merits of the matters will be given by the Court.

2. If you think there's a scope for improvement in this relationship and if you want to give it a chance, file a section 9 petition instead of divorce.

1. You suppose to provide direct evidence to court ie., evidence that are gathered when caught red-handed. But, the sex chat and audio phone calls may be used as secondary evidence. It depend upon your advocate efficiency to prove adultery of your wife by using secondary evidence.

2. It depends upon your requirement whether to go for divorce or RCR .

chat history is admissible in evidence

2) further audio recordings are admissible in evidence

3) it is necessary to peruse contents of said audio clips , written chats as to whether it is sufficent to prove adultery

4) file for divorce on grounds of mental cruelty and adultery

Keep the proofs secured with you, no need to show any1. Let her take steps only if she wants. Indian men should be very careful in filing divorce, i have an article on it for all to read and understand. As of now only GD for self and family security

1. Depends upon the authentication of the evidence you can prove the case. In case if it only on audio clips,you should prove the same by their call details provided by the concern mobile network. 2. If you want divorce on the ground of cruelty and adultery you may directly file the petition for divorce, dont go with RCR it would spoil ur case.

1. I Have audio clips of her sex chat on call with some one and also some written chatting which shows that she is in relation with him . is it ok for evidence for Adultery ? - some sort of but that also through tight scrutiny in the court. Procure some more evidence.

2. I should go directly for file the divorce case or should go with RCR Sec 9 - Y RCR when u want divorce.

Hello,

The supreme court has held that extra marital affair of the wife amounts to mental cruelty and therefor you can file a divorce case on this ground, make that person also the party to the suit.

If you are then able to prove adultery then you should not give any maintenance, otherwise you will be liable to pay maintenance as per your income and liabilities. usually it is 25% of your income after deducting the liabilities.

Also,

1. I Have audio clips of her sex chat on call with some one and also some written chatting which shows that she is in relation with him . is it ok for evidence for Adultery ?

Yes these are admissible in evidence. same are filed alongwith the affidavvit under section 65B of the Evidence Act.

2. I should go directly for file the divorce case or should go with RCR Sec 9

File for divorce, and make sure you make that person also a party to the divorce suit with whom your wife was having the relationship.

Regards

Hi

Yes these evidences are sufficient.

And you should directly go for divorce.

Thank You

1. Hi as per indian law the women is not charged in adultery, the person with whom she is having relations is charged for adultery.

You have to go for divorce as ten years have been passed.

Yes you can directly file the divorce petition on the ground of mental cruelty not on the adultery because only audio clip is not the sufficient evidence to prove this kind of allegation.

There is no hard and fast rule to calculate the alimony or interim maintenance, it is depends on the salary, education, lifestyle, debts, liabilities, responsibilities and needs of both the parties.

1 yes

2 no

4 basing on your reasonable savings

1. You can file divorce on the grounds of cruelty but for adultery you should have substantial proof to prove the same

2. You have to prove her adultery beyond doubt for this.

3. Salary and other income will be taken into account

4. She has to prove your income with documentary evidence and you have to disprove her claim by mentioning your take home salary.

On the whole the court may decide to grant her at least 25% of your take home salary.

1. The evidences in your possession are not sufficient enough to prove her act of adultery.

2. There is no necessity to file RCR for filing divorce case.

You can file divorce case straightaway.