New Delhi: A husband cannot deny maintenance to his divorced wife on the ground that she was involved in an adulterous relationship, a Delhi court has said. (Agencies)
The verdict was passed by Additional Sessions Judge T R Naval, who said, "The findings that the divorcee wife has been living in adultery will not provide any benefit to him (husband)".
The court rejected the plea of a Delhi-based policeman, who had challenged a magistrate's order directing him to pay Rs 4,000 as monthly alimony to his wife on the ground that she was having an adulterous relationship.
The divorcee wife had moved the sessions court seeking enhancement of the alimony to Rs 15,000 per month saying her ex-husband was earning over Rs 50,000 per month and had no other liability.
The ASJ, however, disposed of the petitions saying the order passed by the magistrate was "fair" and "proper".
"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 (petition)," the court said.
The ASJ also observed 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. The woman had filed a petition before a magistrate seeking alimony alleging that she had got married in February 2004 and although her parents had given dowry at that time, her husband and in-laws used to taunt her for not bringing a car.
She had alleged that as her husband was serving in police, he used to threaten her and her family members. She had also claimed that she was brutally beaten up by him and her mother-in-law.
She had said that in October 2004, he raised the demand again and after it was not fulfilled, her husband and in-laws had refused to allow her to their home.
The man, however, had denied all the allegations, saying that her wife was in a relationship since 1996 and had continued it after her marriage also.
He had said he had filed a divorce petition against her and it was settled between them that he would pay Rs 2.60 lakh to her but subsequently she had backed out of the settlement.
The man had alleged that she had cooked up a false story against him and had herself left her matrimonial home and did not return despite many efforts made by him.
He had sought dismissal of her plea for alimony and had told the magistrate that her wife was having Rs 8.50 lakh in her name and was earning about Rs 2,500 per month by doing tailoring work.
The magistrate had directed him to pay alimony of Rs 4,000 per month to his wife and had also ordered that the wife would be entitled for maintenance till she gets re-married.
New Delhi: A husband cannot deny maintenance to his divorced wife on the ground that she was involved in an adulterous relationship, a Delhi court has said.