Wife living in adultery not entitled to permanent alimony, rules Punjab and Haryana High Court

Tribune News Service

Saurabh Malik

Chandigarh, October 3

In a significant judgment, the Punjab and Haryana High Court has made it clear that a wife living in adultery is not entitled to permanent alimony. The assertion by the Division Bench of Justice Ritu Bahri and Justice Nidhi Gupta came on a woman’s appeal filed before the High Court after her husband was granted a decree of divorce under the provisions of the Hindu Marriage Act, 1955.

Taking up the matter, the Bench asserted the counsel for the appellant-wife had not been able to lead any evidence which could reverse the finding of extramarital affairs of the appellant-wife and another person. An inquiry report, coupled with the evidence adduced by the witnesses-servant in the respondent-husband’s house, consistently proved that the appellant-wife was living in adultery. The only question for consideration before the Bench under the circumstances was whether the appellant-wife was entitled to permanent alimony.

The Bench observed the counsel for the appellant has referred to a judgment passed by a Division Bench, which would not be applicable to the present case for the grant of permanent alimony. The divorce was granted in the matter referred to on the ground of mental cruelty as the wife made a complaint against her husband and his family. It was not the case of adultery.

The Bench added the counsel referred to another judgment passed by the Delhi High Court. The case, too, was not applicable. Maintenance was granted to the respondent-wife under Section 125 of the CrPC, which was challenged by the petitioner-husband on the ground that the respondent-wife was living in adultery. In the divorce petition, the ground for seeking divorce was cruelty and not adultery.

In another case referred to by the counsel, the appellant-wife was seeking divorce on the ground of cruelty and desertion. The divorce was granted by invoking jurisdiction under Article 142 of the Constitution of India, keeping in view that the marriage between the parties was emotionally dead and there was no point in persuading them to live together any more.

The wife was granted permanent alimony of Rs 25 lakh towards full and final settlement. Even that judgment would not be of any help to the appellant-wife. “Keeping in view the observations, the appellant is not entitled to permanent alimony. The appeal is dismissed,” the Bench concluded.

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