Karnataka High Court: Wife in Adulterous Relationship Cannot Claim Maintenance
The Karnataka High Court has ruled that a wife living in an adulterous relationship is not entitled to maintenance from her husband under the Protection of Women from Domestic Violence Act, 2005.
Justice Rajendra Badamikar passed this decision while dismissing a woman’s petition challenging a previous court order that had rejected her request for maintenance under Section 12 of the DV Act.
The High Court observed that there was clear evidence showing the woman was in an extramarital relationship with her neighbour and had been dishonest to her husband.
“When the wife is staying in adultery, she has no right to claim maintenance. Just being a legally wedded wife is not enough if she is living an adulterous life,” the court said.
The woman had also accused her husband of having an affair with a relative. However, the court noted that this claim was disputed and unproven, unlike the strong evidence of her own extramarital involvement.
The woman had initially approached the magistrate under the DV Act, seeking protection, residential rights, and financial help. The magistrate granted her maintenance of ₹1,500, ₹1,000 for rent, and ₹5,000 as compensation.
But her husband challenged the order, and a sessions court later cancelled the maintenance, pointing out that a family court had already annulled the marriage due to adultery and cruelty.
On further appeal, the High Court upheld the sessions judge’s decision, stating that the magistrate had not properly considered the facts and had granted maintenance mechanically.
The court concluded that since the wife was leading an adulterous life, she had no right to maintenance, and therefore dismissed her revision petition.
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