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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath
Jinesh.C.R. – Appellant
Versus
Aswathy.P.R. – Respondent
| Table of Content |
|---|
| 1. petitioner challenges maintenance order (Para 1 , 2 , 3) |
| 2. arguments regarding adultery and maintenance (Para 4) |
| 3. evidence evaluation of adultery claims (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. legal standards for adultery proof established (Para 14) |
ORDER :
Kauser Edappagath, J.
This revision petition has been filed challenging the order of maintenance granted by the Family Court, Muvattupuzha, in a proceedings under Section 125 of Cr.P.C.
2. The petitioner herein is the husband of the respondent. Their marriage was solemnised on 12.09.2003. After a few years of marriage, marital disputes arose between them. The petitioner filed an original petition for divorce before the Family Court, Muvattupuzha, as O.P.No.918/2019. It is submitted that it was allowed, and divorce was granted. The respondent filed M.C. No.135/2020 in the same court, invoking Section 125 of Cr.P.C., claiming maintenance at the rate of Rs.25,000/- per month. The petitioner resisted the claim mainly on the ground that the respondent is living in adultery and hence she is disentitled to claim maintenance under sub- section (4) of Section 125 of Cr.P.C. The Family Court did not accept the said cont
A wife living in adultery is not entitled to maintenance if proven by continuous evidence; mere isolated incidents are insufficient.
The burden of proof lies with the husband to establish continuous adultery to deny maintenance; isolated incidents are insufficient.
The burden of proof for alleging a spouse is living in adultery lies with the husband, who must demonstrate continuous conduct to deny maintenance under Section 125.
The duty of a husband to provide maintenance to the wife exists unless exceptions under Section 125 of the Cr.P.C. are proven. Grounds of cruelty, adultery, and desertion do not disentitle the wife f....
Point of law: Maintenance – Adultery - When piea of adultery is taken it is a serious defence of the respondent. If he failed to prove that particular aspect, then it amounts to character assassinati....
Grant of Maintenance – Provision provided under Section 125 of Cr.P.C. is a measure of social justice extended to protect rights of wife and minor children with object to prevent vagrancy and destitu....
A husband can contest a wife's claim for interim maintenance on grounds of adultery, but must provide sufficient evidence to support this claim.
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