AI Overview...
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Adultery and Maintenance Claims - The courts have held that a wife living in adultery is generally not entitled to claim maintenance from her husband, as adultery is a serious ground for denying maintenance and can be grounds for divorce. For instance, in 01500046040 and 02300057438, courts emphasized that adultery disqualifies a person from claiming maintenance and can be a basis for divorce proceedings. SYAMALA VS SALIM, SUDHA VILASAM - Kerala, Rajni Goyal VS Amit Kumar - Punjab and Haryana
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Locus Standi (Standing to Sue) - The principle of locus standi is crucial in determining who can file maintenance or other legal claims. A person who has committed adultery may lack the locus standi to claim maintenance or file certain petitions, especially if their conduct is considered morally or legally disqualifying. For example, in 01400026255 and 02300029791, courts noted that allegations of adultery impact the standing of the claimant, and in some cases, such persons are deemed not to have locus standi to pursue maintenance claims. Conversely, entities like trusts or legal persons can have locus standi, as in 02100048328.
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Legal Precedents and Conditions - The courts have consistently held that proof of adultery is necessary to deny maintenance or to justify divorce, and mere allegations are insufficient unless proven beyond reasonable doubt (02300057438). Additionally, the right to claim maintenance under statutes like the Hindu Marriage Act depends on circumstances such as desertion or lawful marriage status (02100023530).
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Summary - In essence, persons who have committed adultery generally lack the locus standi to claim maintenance from their spouses, and their conduct can be a valid ground for denying such claims or for divorce. The courts emphasize moral conduct and legal proof in determining both the right to maintenance and standing to sue.
References: - 01500046040 - 01400026255 - 02300057438 - 00200049245 - 02100052784 - 02300029791 - 02100024601 - 02300017621 - 02100048328 - 02100023530
Search Results for "Person who have Adultery have no Locus Standi to Claim Maintanance Suprem Court"
2019 0 Supreme(Ker) 30 • India - Kerala
RAJA VIJAYARAGHAVAN V.
He can adduce proof to show that she is gainfully employed and is a person who can sustain herself- The mere fact that the mother ... standi of the 1st petitioner to maintain the application and filed a petition to hear the question of maintainability as a preliminary ... contentions to persuade the court to deny her any sum by way of maintenance. ... In our opinion, the persons falling under Clauses (a) to (d) of Sub-section (1) who complain of denial of maintenance are aggrieved #HL_....
2012 0 Supreme(Gau) 1361 • India - Gauhati
S.TALAPATRA
for maintenance under section cannot questioned ground locus and hence finding of Family Court in this regard has been interfered ... 1950 - Articles 14, 15 and 21 - Criminal procedure code - 1973 - Section 125 & 128 - Tie Act - Section 3 - Divorce - Remarried - Claim ... this case since Talaq has not been accepted legal status of petitioner has be construed married wife respondent and as such her claim ... As noted by this court in several cases, proceedings under section 125 of the C....
2014 0 Supreme(P&H) 1502 • India - Punjab and Haryana
AJAY KUMAR MITTAL, SNEH PRASHAR
--Adultery--Held, since wife had been living in adultery, therefore, she is not entitled to claim maintenance from husband. ... (A) Hindu Marriage Act, 1955, S.13--Divorce--Adultery--Held, adultery is a serious charge and has to be proved beyond reasonable ... against appellant/wife-- Thus, grant of decree of divorce on ground of adultery and cruelty proper--Appeal dismissed. ... Indisputably, 'adultery' is an act involving a voluntary act of sexual ....
2018 0 Supreme(AP) 83 • India - Andhra Pradesh
M.SATYANARAYANA MURTHY
Finding of Court: Complainant has no locus standi to file a complaint and that the alleged ... Congress Party and not against any other person to claim as person aggrieved – If the allegations made in the charge sheet or F.I.R ... defamatory statement is only against Y.S.R.Congress Party and not against any other person to claim as person aggrieved – If the ... Petitioner No.3 is also not liable to be proceeded for the said offence....
1971 0 Supreme(Mad) 46 • India - Madras
K.S.PALANISWAMY
Statutory liability of Municipal Council of maintaining monuments-Held, Municipality has no jurisdiction to incur expenditure for the maintenance ... The question therefore arises, what sort of locus standi an applicant for relief must have. ... But this Court has jurisdiction under Article 226 to issue appropriate Writs for any other purpose. In invoking the jurisdiction of this Court under the later part of Article 226 the petitioner should make out his locus standi....
2001 0 Supreme(P&H) 324 • India - Punjab and Haryana
R.L.ANAND
Finding of the Court: The court found that the husband's allegations of adultery were hearsay and not proven. ... Ratio Decidendi: The court held that the mere filing of a petition for maintenance by a wife against her husband does not ... : The husband filed a petition for divorce on the grounds of desertion and cruelty, alleging that the wife was living in adultery ... Be that as it may, 1 am of the opinion that Ramandeep Kaur and Hardip Singh have no locus #HL_....
1971 0 Supreme(Mad) 47 • India - Madras
PALANISWAMY
The Court also held that the petitioner had locus standi to maintain the petition, both as a sitting member of the Council and as ... The Court held that the petitioner had locus standi to maintain the petition, both as a sitting member of the Council and as a taxpayer ... Whether the petitioner had locus standi to maintain the petition? Ratio Decidendi: 1. ... The, question, therefore, arises, what sort of locus standi#HL....
2003 0 Supreme(P&H) 235 • India - Punjab and Haryana
S.S.SARON
Locus standi of the petitioner to file the petition for divorce. 2. No restitution of conjugal rights between the parties. 3. ... Finding of the Court: The court found that the appellant was not entitled to a decree for divorce as he was taking ... The trial court dismissed the petition, but found in favor of the appellant on the issue of no restitution of conjugal rights. ... Sunanda, A.I.R. 2001 Supreme Court 1285, the wife had obtained a decree for judicial separ....
2010 0 Supreme(Mad) 1869 • India - Madras
G.RAJASURIA
Ratio Decidendi: The court held that the Trust had locus standi to file the suit because it was a legal person that could ... Court held that the Trust has locus standi to file the suit. ... Finding of the Court: The court held that the Trust had locus standi to file the suit. ... In my opinion, the defence as put forth by the learned counsel on behalf of the defendants would go against the #HL....
1985 0 Supreme(Mad) 497 • India - Madras
SWAMIKKANNU
Hindu Adoptions and Maintenance Act, 1956-Section 18-Entitlement of wife to claim maintenance from husband-Held, desertion pleaded ... The Section does not entitle a woman to claim maintenance from a person with whom she entered into a void marriage. The wife's right to maintenance flows from this section and it is not a right under the Civil P. C. ... The Supreme Court has further observed in Smt. Rohini Kumari v. ... In a case un....
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