The Indian Courts declared that a divorced wife is living in ‘illicit
relationship’ with man other than her former husband is disqualified from
claiming maintenance from her former husband. The decree obtained by the
husband for divorce on proving the adulterous life of the wife cannot give a
license to her to continue to live in illicit relationship and to get her right
to claim maintenance revived.
The court also
distinguished the facts of this with earlier decisions of Supreme Court which
had held that Section 125(4) of the Code of Criminal procedure does not apply
to divorced wife. so far as adultery is concerned, the above Judgment cannot be
made applicable, because even after the decree of divorce, the divorced wife
carries the obligation not to live in relationship with any other man.
When a Court granted a decree for divorce dissolving
the marriage, precisely on the ground that the wife was living in adultery.
During the pendency of the said matrimonial dispute before the Family Court,
wife filed petition claiming maintenance. As per Section 4 of Section
125 of the Code, “No wife shall be entitled to receive an allowance for
the maintenance or the interim maintenance and expenses of proceeding, as the
case may be, 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.
The Author K.P.Satish
Kumar M.L. is the leading divorce Attorney in Chennai
To Contact Team
Daniel & Daniel @ 9884883318
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