Wife Cannot Claim Maintenance If in Adultery: Karnataka High Court Ruling
The Karnataka High Court recently ruled that a wife cannot claim maintenance if she is in an adulterous relationship. Justice Rajendra Badamikar made this observation while rejecting a woman’s appeal against a lower court’s order denying her maintenance under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act).
Court’s Observations
The court stated that the evidence clearly showed that the woman was not faithful to her husband and had an extramarital affair with her neighbor. Because of this, she was not entitled to claim maintenance.
The ruling stated:
“When the petitioner is staying in adultery, she cannot claim maintenance. Though she is a legally wedded wife, her dishonest conduct and adulterous lifestyle make her ineligible for maintenance.”
Accusations Against the Husband
The woman had accused her husband of having an illicit relationship with his sister-in-law’s daughter. However, the court noted that these allegations were disputed and did not justify her claim for maintenance.
The court further said:
“If a woman claims maintenance, she must prove her honesty. If she herself is dishonest, she cannot blame her husband.”
Background of the Case
Earlier, the woman had filed a petition under the DV Act seeking protection, residential rights, and financial support. A magistrate initially granted her:
- ₹1,500 as maintenance
- ₹1,000 for rent
- ₹5,000 as compensation
However, the husband appealed, and an additional sessions judge overturned the decision. His lawyer argued that a family court had already annulled the marriage due to adultery and cruelty.
High Court’s Final Decision
Upon reviewing the case, the Karnataka High Court found that the magistrate had awarded maintenance without properly considering the facts. The sessions judge had rightly rejected the wife’s claim due to her adulterous lifestyle.
Since there was no legal error in the sessions judge’s decision, the High Court dismissed the revision petition, reinforcing that a wife cannot claim maintenance if she is in an adulterous relationship.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
