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I want divorce because my wife is a characterless lady

Shivendra Pratap Singh

Advocate

06/10/2021

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My wife has illegal relations which I did not know at the time of marriage. She is a characterless lady so I want divorce. I got married in 2008, and my marriage life is still very good till Dec 2019. In Dec 2019 I found that my wife has been characterless for so many years, approx 5 to 7 years. But I have no solid proof. After Dec 2019 to till date I found she has an abnormal negative change in her behaviour with me and my 70 years old mother. She misbehaving with me and my mom. And she gives us warnings every day about police cases. 

And finally she claims 498-A in mahila police and 125 in court. My question is that I’m ready to accept her.but she does not want to come. She claim a totally wrong case against me. I am in trouble. She is misusing ladies law. What can I do? I also have a 12 years old child with her. I think she has no feelings for me.

Question from: Gujrat

You should file an application in the maintenance petition filed under Section 125 crpc. According to section 125(4) crpc, the wife cannot get maintenance if she has been living in adultery. She has been in a sexual relationship for more than five years. You have evidence to prove her extra marital relations. 

File a divorce case

You have evidence to prove her extra marital affairs. Your wife has been living in adultery. Section 13 of the Hindu Marriage Act envisages adultery as a ground of divorce. However, adultery is no more an offence but it is a ground of divorce under the personal law. Hence, file a divorce case in the Family Court. 

Adultery disentitles the wife to get maintenance

In this situation you should immediately file such an application and protest her claim of maintenance. Her petition of maintenance under section 125 crpc will fail and the court will dismiss her petition.

No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

Section 125(4) CrPC

Thus your wife is not entitled for the maintenance under Section 125 crpc because she has been living in adultery. This is a statutory ground and the court will dismiss her case after receiving evidence in regard to adultery

Quashing of 498-A case 

So far as section 498-A is concerned, you should file a petition before the High Court under section 482 crpc for quashing. Your wife has no evidence of cruelty. You can prove that after revelation of her extra marital relations she has filed this complaint. The High Court will quash this criminal proceeding.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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