Maintenance can’t be denied to adulterous ex-wife: Court

New Delhi : A court here has said that a man cannot deny maintenance to his divorced wife on the ground that she was involved in an adulterous relationship before their separation.

Additional Sessions Judge T.R. Naval said: “The findings that the divorcee wife has been living in adultery will not provide any benefit to him (husband)”.

The court was hearing a revision petition filed by a Delhi Police employee and his divorced wife over the issue of maintenance.

Laxmi Narain came in appeal against the a metropolitan magistrate’s order in 2008, asking him to pay Rs.4,000 as monthly maintenance to his wife.

The two got married in February 2004 and after divorce Narain, who wedded for the second time, questioned the maintenance amount.

His divorced wife opposed his plea for discontinuation of the maintenance and said: “He was a man of means and he was earning Rs.10,000 per month as salary and Rs.50,000 per month from other sources.”

“I am unable to maintain myself being illiterate and unemployed. I pray for seeking direction to my ex-husband to pay Rs.15,000 per month as maintenance and Rs.5,500 as litigation charges,” said the petition of the woman, a resident of east Delhi.

The court disposed off both the petitions saying that the order passed by the metropolitan magistrate was “fair” and “proper”.

The man in his petition said that he was not having sufficient source of income and he had other liability towards his mother, wife and two children.

The court said that the magistrate, while deciding the alimony, had also kept in mind that the man had re-married and had the responsibility of his second wife and children.

“In view of the above reasons and discussion, I am of the view that there is no infirmity, illegality or inaccuracy in the impugned order and there is no merit in the revisions. Therefore, both the revisions are dismissed,” said the court in its order Wednesday.

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