Woman living in adultery cannot claim maintenance: Karnataka High Court [Read Order]

The Karnataka High Court said no maintenance can be claimed by a  wife who is living in adultery.

A bench of Justice Rajendra Badamikar said that the question of claiming maintenance does not arise when the wife is guilty of adultery.  

The contention of the petitioner that she is a legally wedded wife and entitled for maintenance cannot be accepted in view of her conduct, as she is not honest and is leading an adulterous life, the court said.

The court dismissed the woman petitioner's challenge to November 6, 2015 order passed by the Chikkamagaluru sessions court which had set aside the magistrate court order granting her maintenance under Section 12 of the Protection of Women from Domestic Violence (DV) Act along with compensation.

The petition was filed claiming protection order, residential order and monetary benefit.

The magistrate court had awarded maintenance of Rs 1,500 with Rs 1,000 towards rent allowance and Rs 5,000 towards compensation. The sessions court had quashed this maintenance and compensation on an appeal moved by the husband.

Before the high court, the wife contended that she is a legally wedded wife and it is the duty of the husband to maintain his wife.

It was also argued that since the husband is also having an illicit relationship with his relative, domestic violence is required to be inferred.

The husband, on the other hand, argued that the wife had eloped with the neighbour and had refused to stay with him.

He also submitted that the marriage itself was dissolved by the competent court on the ground of adultery as well as cruelty.

The court pointed out that in the endorsement, the police specifically stated that the wife had refused to join her husband and she preferred to stay with her neighbor.

The oral and documentary evidence produced clearly establishes that the petitioner is not honest towards her husband and she has got extra marital affairs with the neighbour and all along, she asserted that she used to stay with him. When the petitioner is staying in adultery, the question of her claiming maintenance does not arise at all, the court said.

With regard to the allegation of illicit relationship of the husband, the court observed, Though that aspect has been disputed, since the petitioner is claiming maintenance, she must prove that she is honest and when she herself is not honest, she cannot point her fingers towards her husband.

[Read Order]