No maintenance if wife adulterous

Although adultery is no more an offence it continues to be one of the grounds for divorce and is commonly used by husbands as a ruse to evade paying monthly maintenance. One such husband was relieved recently when the Bombay High Court, in a significant ruling, held that a woman cannot seek monthly maintenance from her husband if she is proved to be guilty of adultery.

A single-judge bench of Justice Nitin Sambre pronounced this ruling while upholding the orders of a lower court, which denied maintenance to a woman, as the allegations of adultery were proven against her.

The woman, who was seeking a maintenance of Rs 500 for herself and Rs 400 for her son, was refused any relief by Justice Sambre, who relied upon the decree of divorce passed in favour of the husband, in 2000. The couple, married in May 1980, engaged in a legal battle after a few years of their marriage. The husband accused the wife of adultery and sought divorce on this ground.

The family court in 2000 legally separated the couple by accepting the contentions of the husband and by relying upon the evidence, he brought on record to prove adultery.

Soon after the divorce orders, the wife moved an application seeking maintenance; however, it was turned down by a sessions court. The woman then approached the bench of Justice Sambre seeking maintenance.

In her plea, she argued that even if there is a decree of divorce passed on the allegation of adultery, still the

provisions, which disentitle a woman from maintenance, would not be attracted. “Even after divorce, a woman ceases to have the status of a wife but, she continues to be a woman,” the woman's counsel argued.

The arguments were vehemently opposed by the husband, who argued that the divorce was allowed as adultery was proved against the wife.

“The lower courts have considered the statutory embargo in the provisions and have rightly denied maintenance,” the husband submitted.

Having considered the submissions, Justice Sambre said, “The fact remains that, there is an express embargo on the right of a woman to claim maintenance and if the allegation of adultery are proved against such a women or in spite of the husband being ready to maintain her and she refuses to cohabit, the wife can be refused payment of maintenance.”