Legal Question in Family Law in India

MY COUSIN HAD SENT A NOTICE FOR RESUMING COHABITATION WHICH HIS WIFE DID NOT ACCEPT LATER HE FILED A PETITON in 2008 FOR RESTITUTION OF CONJUGAL RIGHTS IN WHICH HE HAS BEEN AWARDED 41000 INTERIM MAINTENANCE WHICH HE DID NOT PAY ABOUT 3 MONTHS .AFTER THE FILING OF PETITION she filed an applicaton for maintenance in 2009 at her maternal place in which she was awarded 5000/- per month maintenance which again he hasnt paid till date. she has also filed a false DV case on him and has also again now filed an appl under sec 125 CrPC how ever my cousin does not wish to pay since she is living in aultery (its truth not mere allegation to avoid paying) and he wishes & is about to file a divorce petition . what are his chances of not having to pay the arrears.he has a son &a daughter who are staying with the mother she does not allow him even to see them. what remedy does he hav he wishes to hav custody of children their ages 10+&6+


Asked on 4/13/13, 1:08 am

1 Answer from Attorneys
prasad patil

dear client he can file case of adultery against her wife. if case proved he will not need to pay alimony or maintenance. he can also ask custody of children. for any legal help call me on 9422611385

ADV PRASAD PATIL

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Answered on 4/14/13, 4:15 am


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