
Delhi High Court: Single Acts of Adultery Do Not Deny Wife Maintenance Rights
The Delhi High Court ruled that occasional acts of adultery by a wife do not disqualify her from receiving maintenance under Section 125(4) of the CrPC.
The Delhi High Court ruled that occasional acts of adultery by a wife do not disqualify her from receiving maintenance under Section 125(4) of the CrPC.
In a landmark ruling, the Rajasthan High Court allowed a married woman to live with her lover, emphasizing that an adult woman’s choices must be respected. The court dismissed a petition filed by her husband, affirming her right to decide.
The Punjab and Haryana High Court has emphasized that the term “wife” should be interpreted broadly for maintenance purposes, even in cases where a marriage might be legally invalid. Justice Harpreet Singh Brar clarified that a relationship “in the nature of marriage” is sufficient for claiming maintenance under Section 125 of the CrPC, and the subsistence of a previous marriage does not bar such claims. The court has remanded the matter to determine the maintenance amount.
The Karnataka High Court has dismissed a dowry harassment complaint filed by a woman after receiving a divorce notice. The court ruled that such complaints are invalid if filed after divorce proceedings have started.
The Punjab and Haryana High Court has stressed the importance of truthfulness in maintenance claims, discouraging false assertions about financial status. This ruling came after a case where a woman concealed her job and income while seeking maintenance from her husband.
The Delhi High Court confirmed a Family Court’s decision to grant a divorce, highlighting that false accusations of extra-marital affairs are a serious attack on a spouse’s character and health, amounting to mental cruelty.
The Karnataka High Court ruled that a wife’s demand for a separate house and her filing of a criminal case do not constitute “cruelty” for divorce purposes.
The Gujarat High Court rejected a father’s petition for custody of his children, finding no evidence that the mother’s alleged extramarital affairs harmed the children.
In November 2019, the Karnataka High Court upheld a divorce granted to a man who submitted video evidence of his wife’s adultery, recorded while he was away. The court emphasized the legitimacy of the evidence and dismissed the wife’s appeal.
The Kerala High Court recently ruled that refusing mental health treatment for the sake of a harmonious marriage constitutes cruelty to a spouse. The court dismissed a woman’s appeal against a divorce decree granted on grounds of cruelty and desertion.