Friday, April 15, 2016

Adulterous wife cannot claim Maintenance or Alimony in India

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

1 comment:

  1. Thanks for this post is very informative and interesting.all the points are very useful. Simple but very effective writing. Thanks for sharing such a nice post.

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