Unchaste wife not entitled for permanent alimony: Bombay High Court
An unchaste wife is not entitled for permanent alimony, ruled the Bombay High Court while setting aside an order of a family court granting Rs1,500 as permanent alimony to the wife to be paid by the husband while granting him divorce.
A division bench of justices Vasanti Naik and AS I Cheema — of the Nagpur bench of the High Court — while setting aside the family court order said: “It is apparent on reading of the provisions for maintenance under various enactments that an unchaste wife or a wife living in adultery would not be entitled to permanent alimony.”
The husband had approached the high court challenging the order of the family court which granted him divorce on the grounds that the woman, while the marriage was in subsistence, had sex with another person and had a child from him, directed the husband to pay a permanent alimony of Rs 1,500.
The couple had got married in the year 1981; they resided together till the year 2003. After that the woman started living with another person and thus deserted the husband. After going through the evidence and affidavits the family court in 2006 granted divorce to the husband. However, the court directed him to pay Rs 1,500 per month, as permanent alimony.
The high court after going through the provisions of section 25 of the Hindu Marriage Act noted that “After having recorded a finding that the wife had voluntary sexual intercourse with a person other than her husband during the subsistence of the marriage and had conceived a child through him, the Family Court was not justified in directing the appellant to pay permanent alimony.
Accordingly the court allowed the appeal filed by the husband and thus modified the order of the family court directing the husband to pay permanent alimony.