Legal Question in Criminal Law in India

Re: maintenence under sec 125

In due course it would difficult to say that whether any illicit realation ship was exicting between them or not.but as far the law is concerned there may be a Presumption, and on the basis of presumption the court can take this view if it is not hammered by the wife.and in this condition adultery may be proved.and once adultry is proved the claim for maintenance is already waived.

Re: maintenence under sec 125

The live-in relationship may raise a presumption of adultery against the wife and she may be denied maintenance. however, the court decision may depend upon pleadings, evidence on record and totality of situation.

Re: maintenence under sec 125

Possibly, but only if the husband can prove that there was a 'continous act of adultery'.

Re: maintenence under sec 125

depends on court's presumption and discretion.

Re: maintenence under sec 125

If husband has pleaded adultry, then he is supposed to give proof thereof.

If wife admitted about living with a person other than her husband during subsistence of marriage, then burden will shift on her to prove that she did not have any sexual relations with that person.