Wife divorced for committing adultery not entitled to maintenance: Bombay High Court

Mumbai: Bombay High Court dismissed a petition filed by a divorced woman challenging a Sessions Court order that cancelled the allowance she was entitled to post-divorce.

The lower court had rejected her plea under section 125 of the code of criminal procedure.

According to Section 125(4) in The Code Of Criminal Procedure, 1973, "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."

The couple married in 1980 got divorced in 2000. The divorce was granted and the court had allowed maintenance sum of Rs. 150 and Rs. 25 per month for the wife and the son.

The wife applied for an increase in maintenance which was allowed by a Magistrate Court in 2010. Sum of Rs. 500 and Rs. 400 was allowed for the wife and son.

The husband moved an application challenging the decision which was rejected. A revised application allowed by the Sessions Court in 2015 ruled that the petitioner-wife is not entitled to maintenance

The wife challenged the order in High Court which has upheld the decision of the Sessions Court.

“Considering the expressed embargo on the right of the petitioner to claim maintenance particularly, divorce was ordered on April 27, 2000, based on the allegation of adultery, the court below has rightly held that the petitioner-wife is not entitled to maintenance," the Court held.

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