BOMBAY HIGH COURT HAS HELD THAT A WIFE IS NOT ENTITLED TO MAINTENANCE IN CASE OF DIVORCE DUE TO ADULTERY

The Bombay High Court has recently in Sanjivani Ramchandra Kondalker vs Ramchandra Bhimrao Kondalkar and Another passed an Order dated 18-12-2019, whereby, Justice Nitin W Sambre dismissed the Petition for grant of maintenance filed by the divorced Petitioner-Wife.

The Respondent No 1-Husband and the Petitioner-Wife had earlier got divorced on the ground of adultery committed by the Petitioner-Wife. Subsequently, the Petitioner-Wife filed an application before the Sessions Court seeking enhancement of maintenance, which was so increased by the Court from Rs 400/- to Rs 500/-. Aggrieved by the said Order of the Sessions Court, the Respondent No 1-Husband filed an application for cancellation of maintenance, which was allowed on the ground that “there is an embargo on granting maintenance to a wife who was divorced on proven charges of adultery against her under Section 125 of the Criminal Procedure Code”. Further, the Code of Criminal Procedure 1973 as amended thereof provides that, “No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent”

Thus, the Bombay High Court upheld the Order of the Sessions Court and held that the embargo on the rights of the Petitioner-Wife to claim maintenance, who was divorced on the ground of adultery committed by her, was correct and thus, she would not be entitled to maintenance from the Respondent No 1-Husband.

Aakritee Gambhir

Associate

The Indian Lawyer