Occasional acts of adultery no ground to deny wife maintenance: Delhi High Court

On Thursday, the Delhi High Court stated that a wife cannot be deprived of receiving maintenance from her husband on the grounds of cruelty and isolated acts of adultery.

The trial was led by Justice Chandra Dhari Singh who directed a husband to pay a monthly allowance to his wife stating that only repetitive attempts of adultery by the wife can attract legal course in the case. 

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Under section  125 CrPC, the court directed the husband to pay his wife a sum of Rs 15,000 per month with effect from August 2020.

The argument made by the husband was that the maintenance of payment cannot be carried out on grounds such as - cruelty, adultery, and desertion. 

The court further said, "Even in cases where divorce is granted on the ground of cruelty, courts have awarded permanent alimony to the wife and there is no bar of cruelty in the right of the wife to claim maintenance."

It added, "The law emanating from various precedents of the Hon’ble Supreme Court and various High Courts establishes the position of payment of maintenance holding that the ground of cruelty does not disentitle the wife of her right to maintenance."

As per the court, the husband didn't establish prima facie evidence as well regarding the case that the law requires to go against the wife.