High Court Refuses Alimony to Wife Found Guilty of Adultery
In a recent judgment, the Punjab and Haryana High Court ruled that a woman who was found living in adultery cannot claim permanent alimony under the Hindu Marriage Act. The ruling came after a Family Court in Ambala had granted divorce to her husband on the grounds of cruelty and adultery.
The couple was married in 1989, but over time, the relationship broke down. The husband approached the Family Court, stating that his wife was verbally abusive, constantly insulted him and his family, and even mocked him by calling him “Namard“. He also alleged that the wife had an affair with another man, and their relationship was well-known and supported by evidence.
The husband submitted that he had left his house in 2006 because of his wife’s behavior. Witnesses confirmed that his wife was in regular contact with the other man and that he frequently visited her when the husband was away.
Based on the proof presented, the Family Court granted divorce under Sections 13(1)(i) and 13(1)(ib) of the Hindu Marriage Act, citing both adultery and cruelty.
After the divorce, the wife approached the High Court demanding permanent alimony. However, the division bench of Justice Ritu Bahri and Justice Nidhi Gupta ruled against her. The Court emphasized that a wife living in adultery before the divorce was finalized is not entitled to alimony.
The court also clarified the difference from a similar Kerala High Court case (Valsarajan v. Saraswathy) where the woman lived with another man after divorce. In contrast, the current case involved adultery before the divorce decree.
The bench concluded that since both cruelty and adultery were proven, the wife had no legal right to claim permanent alimony. As a result, the court dismissed her petition.
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