The Punjab and Haryana High Court has recently denied permanent alimony to a wife who was found to be living in adultery, following a divorce decree on the grounds of adultery.
In this case, the appellant-wife challenged a judgment from the Family Court in Ambala that granted her husband a divorce under Sections 13(1)(i) and 13(1)(ib) of the Hindu Marriage Act, 1955.
The couple, married since 1989, faced serious issues throughout their marriage. The husband alleged that his wife was consistently rude and aggressive, frequently insulting and humiliating him and his family. She would mock his financial situation and even used derogatory terms like ‘Namard,’ causing significant mental distress.
Moreover, the husband claimed that his wife had an affair with another man, leading him to leave their home in 2006. Evidence showed that the wife and her lover communicated frequently and met when the husband was not around.
The Family Court granted the divorce based on cruelty and adultery. Subsequently, the wife sought permanent alimony from the High Court.
The High Court, consisting of Justices Ritu Bahri and Nidhi Gupta, ruled that the wife was not entitled to permanent alimony. The Court distinguished this case from the Kerala High Court’s decision in Valsarajan v. Saraswathy, where the wife was living with another man post-divorce, whereas the appellant in this case was found guilty of adultery before the divorce decree.
The High Court highlighted that since the wife was responsible for both cruelty and adultery, her claim for permanent alimony was rejected.
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