11:00 – 19:00
Thrill, Boredom, Revenge, Lack of Sexual Intimacy with Spouse, Sexual Novelty, Sexual Addiction or simply to fill an emotional void the reason can be many for a married woman to skip her heartbeat to someone and break the vows of marriage to be faithful towards her partner.
Adultery, which was a crime as per IPC Section 497 is struck off. But Adultery continues to be a Ground of Divorce.
Many men, unfortunately get misguided that if they can prove their partner is unfaithful, they will escape from their duty to pay them Alimony / Maintenance.
True, that the wife once proven to have committed adultery, the husband can get divorce, but this does not entitle him to fully escape the liability of maintenance towards her necessities or that of the children who continue to be in her custody.
“In the case of Ganigee v. Rangiah it was held that the wife living in adultery, repents, returns to purity and performs expiatory rites, she becomes entitled to conjugal and social rights. “
“In the case of Rajagopaln vs Rajamma, a judicial separation was acquired by the Petitioner on grounds of unchastity, the wife filed an application under section 25 of the Hindu Marriage Act and was granted ‘Starving Maintenance’., ie… that is maintanence to meet necessities that of bare food and raiment.”
“In Amit Kumar Yadav vs Suman Devi and Ors., September 19th, 2022. The Punjab and Haryana High Court held that Solitary Act of Adultery, or Isolated Lapse of Wife will not disentitle her to claim maintenance, also the same was held in the case of Sh. Pradeep Kumar Sharma vs Smt Deepika Sharma on 13 April, 2022 by the Delhi High Court”
Further, it’s a well settled principle that the man cannot be absolved from the responsibility to maintain his children. Often, its observed that the custody of the child is retained by the wife and the husband gets visitation rights. It’s very rare to see a child custody suit won by husband on grounds of unchastity of wife.
Conclusion:
“Frailty, the name is woman”, was the discomfiture layered during the Victorian Era, however `fortitude’, thy name is woman; `caress’, thy name is woman; `self-sacrifice’, thy name is woman; tenacity and successful pursuit, there apathetically is women.
If a husband commits an act of adultery, the wife only would blame the other woman because blaming her husband would mean that he desired someone else over her, but alas., its not the case when a Husband finds his woman committing such act.
The law continues to evolve, but the age-old principle as factored in the foundations of law where a Man is seen as a protector of Women, Children, Parents, Siblings continues to be deep routed, and the very recent judgement brings in a new aspect of modern and liberal society, one of such act of adultery by wife shall not disentitle her from maintenance, although Adultery continues to be a ground for Divorce.
Sonia and Partners is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of qualified and among the best lawyers in Bangalore practicing in the area of Family Law and Criminal defence serving Citizens of India, Overseas Indians, NRIs and Global International Clients.
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