Adulterous wife cannot claim Maintenance or Alimony in Chennai

The Indian Courts declared that a divorced wife is living in ‘illicit relationship’ with man other than her former husband is disqualified from claiming maintenance from her former husband. The decree obtained by the husband for divorce on proving the adulterous life of the wife cannot give a license to her to continue to live in illicit relationship and to get her right to claim maintenance revived. The court also distinguished the facts of this with earlier decisions of Supreme Court which had held that Section 125(4) of the Code of Criminal procedure does not apply to divorced wife. so far as adultery is concerned, the above Judgment cannot be made applicable, because even after the decree of divorce, the divorced wife carries the obligation not to live in relationship with any other man. When a Court granted a decree for divorce dissolving the marriage, precisely on the ground that the wife was living in adultery. During the pendency of the said matrimonial dispute before the Family Court, wife filed petition claiming maintenance. As per Section 4 of Section 125 of the Code, “No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent. The Author K.P.Satish Kumar M.L. is the leading divorce Attorney in Annanagar Chennai. To Contact Team Daniel & Daniel @ 9884883318 off- 2132, Vasantham Colony, 18th Main Road, Annanagar-West, Chennai-600040. Talk to the Top Divorce Lawyer in Annanagar For queries and appiontment our whattsapp service No.9840802218.

How to prove adultery before Family Court

In a case, the Indian courts had held that ‘The Court usually infers adultery from the fact that the respondent shared a bed or bedroom for the night with a person of opposite sex other than the petitioner or from the fact that the respondent had been carrying on an association with a person of the opposite sex other than the petitioner and there is evidence of illicit affection or undue familiarity between them coupled with an opportunity for them to have committed adultery.’ Therefore we can understand from the above, to prove adultery, the petitioner has to prove that his/her spouse a. Voluntarily shared a private moment with a person of the opposite sex such as a bedroom, an apartment etc… b. Has an illicit affection or undue familiarity with the person of the opposite sex. This implies acts of the spouse which are generally forbidden by law, rules or customs of the society and which tend to generate suspicion in the mind of a person c. The spouse and the person of opposite sex should have an opportunity to commit adultery. For example, if the accused spouse and the other person are in a room alone for a few moments, the 3rd condition is not satisfied as there is no opportunity for them to commit adultery. d. All the above 3 conditions viz. voluntarily sharing of a private moment, illicit affection/undue familiarity and opportunity to commit adultery should exist at the same time when the said act of adultery is alleged to be performed. This is required so that the conditions of preponderance of probability is met. As mentioned above direct evidence of adultery is not available, circumstantial evidence is required to be produced in courts. It is to be noted that the circumstances should be such that it should lead to a necessary conclusion that adultery was committed. This can be proved by preponderance of probability method enumerated above. Adultery can also be proved by a. evidence of non-access and birth of children b. contracting venereal disease c. confessions and admissions Hence, if the wife delivers a baby or conceives a child, provided the husband does not have access to the wife during the time she was expected to conceive the foetus, is a proof of adultery by the wife. Similarly, if either spouse contracts a venereal disease, it can be argued that such a disease is spread due to sexual intercourse, which the spouse may have had with another partner. Further, any confession and admission by the adulterer is also considered as satisfactory proof of commission of adultery. Author Advocate K.P.Satish Kumar M.L. is the leading family court lawyer in Annanagar Chennai Talk to the Team Daniel & Daniel @ 9884883318 Office:- 2132, Vasantham Colony, 18th Main Road, Annanagar-West, Chennai-600040.

Can adultery be condoned by Indian Husbands or Wife

Indian courts have held that adultery can be condoned by the other spouse if he/she cohabits with the adulterer even after the knowledge of adultery. The idea behind this is that adultery is considered as a repulsive matrimonial offence and even after the knowledge of the other spouse committing adultery, if the non-adulterous spouse continues cohabitation, it is considered as a condonation of the act of adultery. The Supreme Court of India in N. G. Dastane vs S. Dastane held that condonation means forgiveness of the matrimonial offense and restoration of spouses to the same position as he or she occupied before the matrimonial offense was committed. Hence, condonation implies both forgiveness and restoration, that is forgiveness by the non-offending spouse and restoration or mending of ways of the offending spouse. If the offending spouse does not mend his or her ways even after commitment of mending ways, it does not constitute condonation of matrimonial offense by the non-offending spouse Author K.P.Satish Kumar is one of the Top Divorce Lawyer in Annanagar, Chennai. To Contact Team Daniel & Daniel @ 9884883318 Office:- 2132, Vasantham Colony, 18th Main Road, Annanagar-West, Chennai-600040.

Divorce grounds for Cruelty before Chennai Family Court

The Behavior which causes physical or mental harm to the spouse which is difficult to tolerate the other person beyond their patient level and expectations is yard stick to measure the grounds for cruelty. Mostly cruelty happens within four walls and it is hard to prove due to lack of evidence. So in this circumstances the genuine sufferer will get injustice. The Indian courts has categorized cruelty as follows:- 1. Act of the wife not allowing her husband to live in matrimonial home constitutes both mental and physical cruelty. 2. Where the husband remained unemployed during his stay with his wife and started spending money on liquor indiscriminately, used to come home late at night, gave physical beatings as well as mentally tortured the wife and also demanded share in his wife’s flat. 3. Threatening the husband that she would commit suicide, persuaded husband to leave his parents, filed false case under section 498A of the IPC and also dowry case against husband and his family members. 4. Conduct of the husband of continues abusing and ugly and foul language and also alleging the wife of having an extra-marital relationship without any good reason will make the relation between the parties a soured relation and as such the parties cannot be expected to live together. 5. Verbal abuses and insults by using foul and abusive language, disturbing mental peace and every conduct which causes a mental tension as to affect the health or likely to affect the health of the other spouse will be considered as cruelty. 6. A spouse staying away can cause mental cruelty to the other spouse by sending vulgar and defamatory letters or notices or filing false complaints containing indecent allegations or by initiating number of judicial proceedings making the others spouse’s life miserable. 7. Culture, human value, economic and social conditions will be an important factor in deciding the allegations made in the cruelty. 8. Lack of mutual trust, confidence, faith and having doubt on each other whenever the other spouse fails to answer the call and making remarks on her character will amount to cruelty, rupturing the matrimonial relation and the other spouse cannot be expected to stay in that environment. 9. Where the husband is lethargic, does not work, is parasitical, selfish or callous provides no money for the household or refuses to undertake payment to meet the household expenses, the wife cannot be expected to stay with the husband. 10. Spouses not behaving in a respectful and cordial manner with the parents of each other would be considered as cruelty. 11. Constant insults, abuses and accusations of adulterous character which make the married life impossible to be endured, constitute mental cruelty of a kind worse than physical violence. Above mentioned are just the glimpse of the cases in which the Indian Courts have held the have the cruelty being committed by one spouse towards to the other and the courts cannot expect the other spouse to stay in that house wherein he/she has lost their most cherished fundamental right of life with respect and dignity. The Idea of bringing the cruelty as a ground for divorce is to maintain the self respect and dignity of the spouses living under the same roof and who have decided to stay together for their life in all good and bad times. Last but not the least is that whenever the spouses comes before the court of law to file their cases with the weak evidence or lack of evidence, the cases end up in dismissal and harassment, but after the amendment of the Information Act, 2009 any spouse can keep a audio or video recording, messages etc. to be used in the court of law to ensure the spouse who committed the cruelty. Article by Advocate Mrs.Bobby Portia Alex ( Leading Lady Lawyer in Chennai) Those who are affected by cruelty can Talk to the Top Lady Divorce Lawyer in Chennai @ 9551716256 Leading Divorce Law Firm in Annanagar - 2132, Vasantham Colony, 18th Main Road, Annanagaar-West, Chennai-600000

Can adultery be condoned by Indian Husbands or Wife

Indian courts have held that adultery can be condoned by the other spouse if he/she cohabits with the adulterer even after the knowledge of adultery. The idea behind this is that adultery is considered as a repulsive matrimonial offence and even after the knowledge of the other spouse committing adultery, if the non-adulterous spouse continues cohabitation, it is considered as a condonation of the act of adultery. The Supreme Court of India in N. G. Dastane vs S. Dastane held that condonation means forgiveness of the matrimonial offense and restoration of spouses to the same position as he or she occupied before the matrimonial offense was committed. Hence, condonation implies both forgiveness and restoration, that is forgiveness by the non-offending spouse and restoration or mending of ways of the offending spouse. If the offending spouse does not mend his or her ways even after commitment of mending ways, it does not constitute condonation of matrimonial offense by the non-offending spouse Author K.P.Satish Kumar is one of the Top Divorce Lawyer in Chennai. To Contact Team Daniel & Daniel @ 9884883318 office- 2132, Vasantham Colony, 18th Main Road, Annanagar-West, Chennai-600040

Divorce can easily obtain on the ground of Religious Conversion

Marriage and religion are very closely intertwined in the Indian society. Marriages are primarily based on the religion one follows. Since parents tend to arrange marriages for their children, they will scout for a match in their own community following the same religion. Conversion after marriage can be a tricky thing for the partner who has not been taken into confidence before the change happens. According to The Hindu Marriage Act, 1955, if a person ceases to be a Hindu by conversion to another religion, he or she will be eligible to apply for divorce based on the ground of conversion. Conversion of the spouse to other religion was only for the purpose of circumventing the provision of Section 494 of Indian Penal Code, 1860. Conversion to Islam by a Hindu spouse does not per se lead to dissolution of the marriage. It only gives a right to the other spouse to file a petition under Hindu Marriage Act for divorce. Under the pristine Hindu Law as well, conversion did not operate per se as a dissolution of marriage. A Hindu spouse who ceased to be a Hindu by conversion to another religion does not acquire any right under the Hindu Marriage Act. On the other hand, he or she exposes himself or herself to a claim for divorce by the other spouse on the ground of such conversion. The spouse who remains a Hindu gets a right under the Hindu Marriage Act to seek dissolution of the marriage with the spouse who since the marriage ceased to be a Hindu by conversion to another religion. The conditions before the Hindu marriage Act when a Hindu wife became convert to the Muslim faith and then married a Mohammedan, it was held that her earlier marriage with a Hindu husband was not dissolved by her conversion. She was charged and convicted of bigamy under S.494 of Indian Penal Code, 1860 prior to the Hindu Marriage Act. After the Hindu Marriage Act if a marriage solemnised, can only be dissolved by a decree of divorce on any of the grounds enumerated in the Act. One of the grounds for divorce is that “the other party has ceased to be a Hindu by conversion to another religion”. The Author K.P.Satish Kumar M.L. is the leading Divorce lawyer in Chennai, Tamilnadu. Talk to the Team Daniel & Daniel for your matrimonial Problems @ 9884883318.