Legal Question in Family Law in India
498A and DVA
Husband has proove adultry against wife in125 crpc case.Wife has lodge 498a and maintenence under DVA.Though adultry against wife has been proove but even this is true husband has tortured wife mentally and economically ever since he came to know that she has commited adultryso that she give divorce.
1)Is wife entitled for maintenence under DVA act even if adultry against her has been proove?
2)Will adultry commited by wife will weaken her 498a case even after she will provide evidence against her husband in 498a case?
1 Answer from Attorneys
Re: 498A and DVA
(1) Yes, the wife may still be entitled to maintenance because the husband had been committing cruelty against her. The husband could desert the wife and seek divorce but could not commit cruelty which is illegal.
(2) No, the adultery will not weaken her 498-A case if the allegation of "cruelty" by husband can be substantiated by any evidence.
It is like this : if a person is guilty of stealing, you may prosecute him for theft but you cannot beat him even if the guilt is proved.
If a woman is found to have lived in adultery, the husband has no right to commit violence against her or to treat her with cruelty in any manner.
Adultery is also a ground for divorce and denying her maintenance. But it is not a weapon in the hands of the husband to cause her any harm by committing any kind of violence.
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