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Adultery no ground to deny alimony to wife: Court

Last Updated: Sunday, November 20, 2011 - 11:41

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.

The verdict was passed by Additional Sessions Judge TR 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.


First Published: Sunday, November 20, 2011 - 11:41

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