• Divorce on the basis of adultery

Divorce claimed by husband on the basis of adultery.. Case still pending in court and not proven yet... Case is on for 3 years... what rights that wife has ?. she is in her father's home ?

Can she claim lawyer fees spent ?

Maintenance of her and her child?

any other ?
Asked 2 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
wife should make application for interim maintenance for herself and her child . also claim litigation costs . allegations of adultery have to be proved .
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
Adulterous wife not entitled to maintenance".  The husband cannot be asked to continue his marital relations with his wife who has breached the marital trust between husband and wife."
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
adultery is not yet proved so if you are not working you can claim maintenance for your self and your child under section 24 of HMAct,let the court decide on this instead of you deciding whether you are entitled of maintenance or not
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
That is what i am saying adultery not yet proved and she can claim maintenance for herself and her child
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
i have read it ,when i am not saying anythigh for other facts it mean you forget about it and focus on your relief
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
it is very difficult to prove adultary under indian law
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1) mere photographs of wife with another man does not  prove adultery . unless photographs are in a compromising position no case can be made out . 

2)wife cannot be forced to undergo lie detector test
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
She can claim the amount she spent on availing the services of her lawyer. In order to get maintenance for herself and her child she can sue her husband to provide financial support to both of them.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
Unless the photographs unhesitatingly prove that she was intimate with another man adultery is not proved. Seeking financial support for herself and her children has no nexus with adultery. She can claim the fees of her lawyer and also sue her husband for maintenance.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
Lie detector test will not be ordered under any circumstances by court.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
1) is your husband filing income tax returns ? 

2) your husband would be called upon to file affidavit in court disclosing his income . 

3) you can ask for copy of income tax returns filed by the  family business . 

4) inference can also be drawn by considering life style of your husband like ownership of cars, membership of clubs , credit card bills , etc
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
contact a detective agency . gather all evidence before you file case . you can claim maintenance from date of filing of application
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
It is your duty to find out what he is earning. Income tax returns will be very difficult to produce in court. If he is able to show that he has no independent sources of income then he may escape without any liability fastened to him.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
False affidavits are filed in court at the throw of a hat. So an affidavit will not bring the desired result. You have to submit proof of his income.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
Maintenance can be claimed for the period during which he has abdicated his duty to financially support his wife and children.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
when you make an application for maintenence ,both the parties will be directed to file detailed affidavit which shows complete status as to wealth and salary,a court accordingly fix maintenence
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14046 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5217 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
436 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0