The Chhattisgarh High Court has ruled that a divorced wife living in an illicit relationship with a man other than her former husband was disqualified from claiming maintenance.
The court, in a recent judgment, was hearing two criminal revision petitions filed by a computer operator from Raipur and his now divorced wife in which they had both challenged a 2024 family court order that had directed the male applicant to pay ₹4,000 per month as maintenance to his now divorced wife.
The man had challenged the order stating that the woman was found “doing adultery” with his younger brother, which was proven before the family court, and prayed that a wife could not claim maintenance if she was living in adultery. He also submitted that his financial condition was not considered by the family court while pronouncing the verdict.
On the other hand, the woman’s petition sought an increase in maintenance to ₹20,000 per month.
Definition of adultery
Both the applicants had solemnised their marriage on July 11, 2019 and the woman alleged that that after a few days of marriage, she was subjected to mental torture and her character questioned by the husband. She was also tortured by her in-laws by not providing meals for her on time. In March 2021, she went to her paternal home where she lost her mother during that period and since then has been residing with her brother, the petitions noted.
During the arguments, the counsel for the woman argued that there was a fine line of difference between the phrases i.e. “living in adultery” and “once lived in adultery” or “once established physical relation with someone twice or thrice”.
The petitioner further submitted that having an extra-marital affair and living an adulterous life were completely different parameters. The man submitted that the divorce was granted under the Hindu Marriage Act by the competent court in 2023 on the ground of adultery.
After hearing the petitioners, Justice Arvind Kumar Verma set aside the family court order. In his judgment delivered on May 9, Justice Verma noted that a decree obtained by the husband for divorce on proving the adulterous life of the wife could not give a licence to her to continue to live in an illicit relationship and to get her right to claim maintenance revived.
Published – May 20, 2025 05:00 am IST
