In a recent ruling, the Karnataka High Court has declared that a wife cannot claim maintenance when involved in an adultery. Justice Rajendra Badamikar made this decision while rejecting a woman’s request for maintenance under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act).
The court found clear evidence that the petitioner-wife was not ‘faithful’ to her husband and was engaged in extramarital affairs with her neighbor, with whom she cohabited.
The court’s verdict emphasized that if a petitioner is found to be living in adultery, any claim for maintenance is invalid. The court cited the petitioner’s ‘lack of honesty’ and her adulterous lifestyle as the basis for this decision. It rejected her argument that she was legally wedded and entitled to maintenance.
Previously, the petitioner had filed a petition under the DV Act, seeking protection, residential orders, and financial assistance. A magistrate had granted her protection and awarded maintenance of ₹1,500, along with ₹1,000 for rent and ₹5,000 as compensation. However, this decision was overturned by an additional sessions judge upon the husband’s appeal.
About the adultery law:
The husband’s counsel argued that the marriage had already been annulled by a family court due to adultery and cruelty. It’s worth noting that adultery was considered a criminal offense under Chapter XX of the Indian Penal Code. Later it was declared unconstitutional by the Supreme Court of India on September 27, 2018.
This offense carried a punishment of imprisonment for up to five years, a fine, or both. Nevertheless, the Supreme Court’s landmark ruling in the case of Joseph Shine v. India struck down Section 497, decriminalizing adultery.
The decision underscores that when a wife is involved in adultery, she cannot claim maintenance under the DV Act. The ruling takes into account the petitioner’s extramarital affairs with a neighbor with whom she resided. This judgment aligns with the changing legal landscape in India, where adultery is no longer a criminal offense.