Wife is sleeping with other man, while deserted the husband for a year. Facts - wife has left the husband a year back - she is sleeping with other man, while living with her parents. - husband has proof of that, and scared as he is legally terrorized already by DV, 125 and Dowry. - Husband and his parents are out on anticipatory bail. - husband has broken few rules like hacking email accounts and location history of wife to caught her red handed. Which will be revealed in court if the evidences are shown. - wife knows that, husband got the proof of her adultry, and threatening him by his life indirectly. Questions - husband is innocent and became a victim of " gold digger wife", and also started giving interim money to wife in DV and 125 both.. can he ask court to discontinue the same after having the evidences submitted. - as mentioned, will husband be in trouble, if court knows that, he has un-ethically hacked his wife's email account. - as wife knows already that she is caught red handed, and if something happens to the husband, will wife get the insurance money. ( I mean, husband has made her nominee in many of the investment.) Please comment.
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1. Well, one or two instances of adultery is not enough to avoid maintenance as this falls short of the provisional requirement that the ' wife is living in adultery'. Anyway you can bring those profs anyway to try your luck.
2. The husband has the option of removing the nominee and putting name of his mother as nominee. For accidental or unnatural death insurance is generally not given.
3. Husband must inform the police in writing abut the threars made on his life.
Wife guilty of adultery is not entitled to any maintenance
2) nominee is only trustee for legal heirs
3) husband can execute will bequeathing his property to whom so ever he pleases
4) apply to court for modification of maintenance order
Dear Sir,
Yes, adultery is one of the ground for divorce. But you have to prove this and also you can lodge complaint against that person in police station.
Adultery may be defined as the act of a married person having sexual intercourse with a person of opposite gender other than the wife or husband of the person. Personal laws all around the world condemn adultery and it is considered as a ground for divorce or separation. Even the Hindu Shastric laws which made no provisions for divorce, condemned adultery in unequivocal terms. Under the present Indian personal laws, adultery is laid down as one of the grounds for divorce or judicial separation.
The essential ingredients in an offence of adultery are that:
a) yes husband can ask the court to discontinue the alimony on the ground dismissal of divorce case as the wife leads a adulterous life.
b) no.
c) husband should change the nomination before proceeding further. otherwise she will get the insurance money normally. There is also procedure for the other successors to restrain her from getting the same but that is very much hectic and time bearing. it is better to change the nominee.
1) An Adulterous wife cannot claim maintenance.
2) Your wife as a nominee only holds a property in trust for the entire legal heir. Nominee doesn’t become the owner. you can change nominee name to your mother.
adultery is no longer a CRIME in India
1. once interim order pronounced, now wait for the final order, keep submitting evidence in the Court during evidence stage and strengthen your case
2. any evidence is admissible in Court despite being obtained through any illegal or unethical source
3. she will get insurance amount, however, if you want, you can change the nominee
A divorce petition must be filed immediately against her on grounds of adultery and cruelty.
All the evidences must be attached as proof. A criminal revision must be filed against interim maintenance as she is an adulterous woman and hence is not entitled to maintenance.
Regards
1) You produce additional information in the court for evidence against wife adultery.
And can ask court to reduce alimony which is granted against husband to pay.
2) Husband should not tell the way from where and how he has got the proofs.
3) you can change nomination name from all insurance policies and other documents wherever you have mentioned your wife's name as nominee.
you can file the said evidences before court by keeping source unknown as such evidences cannot be collected without sting operation. you will get divorce on basis of she being character less and you will not be liable to pay alimony
The husband has to file a divorce case on the grounds of adultery by producing the documentary evidences to prove hr adulterous life, after which if the divorce is granted then he can refuse to pay her maintenance on the same ground, but he has to prove her adultery for that.
If the wife is responsible for the husband's death she may not get insurance death claim amount.
Evidences procured by way of illegal means would not be admissible as evidence in court.
You can only file for divorce on grounds of adultery and cruelty by wife. No criminal case can be filed against her for the offence of adultery.
You do not have to give her maintenance amount in both the cases. she can only claim amount in one case.
Nominee is only custodian for the legal heirs. If you don't want your wife to get anything after your death, you should execute a will in someone else's favour.
1. yes he can
2. if the wife is the nominnee then she will get. You may get her name removed as nominee.
3. You do have a strong case, if you have evidence of adultery. File an application for the modification of the order on new grounds.
Regards
Yes court can decide the maintenance and can set aside the interim maintenance in its final order.
Husband can plead that wife account was logged in his account and from that he got all the information.
Nominee can be changed and husband can file a complaint of intimidation before the police.
Dear client
