Court rejects woman’s maintenance plea due to adultery

New Delhi: A court dismissed a woman's petition seeking maintenance from her former husband, observing that a wife involved in adultery is not entitled to maintenance.The woman had alleged torture and abuse by her husband, whom she married in 1998. Family court judge Namrita Aggarwal was hearing the plea of the woman, who had argued that her former husband, though legally and morally bound to provide maintenance, was ignoring his duty.The court noted on Aug 20 that the couple were granted divorce in May 2024 on the ground that the wife was not faithful to the husband. The predecessor court relied upon a DNA test report, which revealed that though the woman was the biological mother of three children, the former husband was not the father of one of them. "The said DNA test report, as well as the judgment, has not yet been challenged by the petitioner, meaning thereby that she admits to living in adultery," the court said. "As per Section 125(4) of Code of Criminal Procedure, a wife, if living in adultery, is not entitled to any maintenance from her husband," it added.The woman also has various properties from which she is earning a sufficient amount and has no obligation to maintain her children as her former husband is taking care of their expenses, the judge pointed out.