Punjab & Haryana HC Denies Permanent Alimony to Adulterous Wife
The Punjab and Haryana High Court recently denied permanent alimony to a wife living in adultery, following a divorce decree granted on these grounds.
In this case, the wife appealed against the Family Court’s decision in Ambala, which had allowed the husband’s divorce petition under Sections 13(1)(i) and 13(1)(ib) of the Hindu Marriage Act, 1955.
The couple had been married since 1989 under the Hindu Marriage Act. The husband sought a divorce, citing his wife’s rude and aggressive behavior from the beginning of their marriage. He claimed she frequently abused and humiliated him and his family, often taunting him about his financial condition and calling him ‘Namard,’ which affected his mental health.
Additionally, the husband provided evidence that his wife had developed an intimate relationship with another man. He left their house in 2006 due to these circumstances. Evidence showed the wife and her lover communicated via mobile phones and met when the husband was away.
These claims were supported by various witnesses, leading the Trial Court to grant the divorce under Sections 13(1)(i) and 13(1)(ib) of the Hindu Marriage Act, confirming the grounds of cruelty and adultery.
The wife then sought permanent alimony from the High Court. However, the division bench of Justice Ritu Bahri and Justice Nidhi Gupta ruled that she was not entitled to alimony due to her adulterous behavior before the divorce decree.
The court distinguished this case from Valsarajan v. Saraswathy, noting that in Valsarajan, the wife lived with another man after divorce, while in this case, the wife committed adultery before the divorce decree. Given the grounds of both cruelty and adultery, the court denied the wife’s alimony petition.
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