Punjab & Haryana HC: No Permanent Alimony for Wife Found in Adultery
The Punjab & Haryana High Court recently ruled that a wife guilty of adultery is not entitled to permanent alimony under the Hindu Marriage Act, 1955. The court upheld a Family Court ruling that granted the husband a divorce based on cruelty and adultery.
Background of the Case
- The couple was legally married since 1989.
- The husband filed for divorce, claiming that his wife was rude, aggressive, and frequently insulted him and his family.
- He also alleged that she had an affair with another man, which forced him to leave his house in 2006.
- Evidence, including witness testimonies and phone records, proved that the wife was in an intimate relationship with another man while still married.
Court’s Ruling on Divorce and Alimony
The Family Court in Ambala granted divorce under Sections 13(1)(i) and 13(1)(i-b) of the Hindu Marriage Act, 1955, citing both adultery and cruelty as valid grounds.
Following the divorce, the wife appealed for permanent alimony, but the High Court rejected her plea.
High Court’s Key Observations
A division bench of Justice Ritu Bahri and Justice Nidhi Gupta ruled that since the wife was already living in adultery before the divorce was granted, she cannot claim permanent alimony.
The court distinguished this case from Valsarajan v. Saraswathy, where the wife started living with another man only after divorce. In contrast, the present case involved adultery during the marriage, which led to the divorce decree.
Final Verdict
Since the wife was found guilty of both cruelty and adultery, the High Court dismissed her petition for permanent alimony, upholding the Family Court’s decision. This ruling reinforces that alimony cannot be claimed by a spouse who has been found guilty of adultery.
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