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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Judge, J
SRI.A.RAJASIMHAN – Appellant
Versus
SHRI.T.K.RAJESHKUMAR – Respondent
| Table of Content |
|---|
| 1. maintenance claims under cr.p.c. and the implications of proving adultery. (Para 2 , 4 , 5) |
| 2. evidence submitted to demonstrate continuous adultery. (Para 8 , 12) |
| 3. standards of proof in adultery allegations within civil proceedings. (Para 10 , 11) |
ORDER
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 ₹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 contention and allowed the mainten
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