Rejecting a divorced woman's plea seeking financial assistance, a Delhi court has observed that a wife living in adultery is not entitled to any maintenance from her husband.
Family court judge Namrita Aggarwal was hearing the plea of the woman, saying the estranged husband, though legally and morally bound to provide maintenance, was intentionally ignoring the same.
In an order dated August 20, the court noted that the predecessor court granted a divorce to the couple in May on the grounds that the wife was living in adultery, and that she was not faithful and loyal to the husband during matrimony.
It noted that the predecessor court had relied upon a DNA test report, which revealed that though the woman was the biological mother of one of their children, the husband was not his biological father.
"The said DNA test report, as well as the judgment, has not yet been challenged by the petitioner, meaning thereby that she admits to living in adultery," the court said.
It said the wife was charged and tried for the murder of her mother-in-law, remained incarcerated for around four years, but was acquitted, and the order of her acquittal was challenged in the Delhi High Court.
"Thus, from the testimonies of the parties as well as on the basis of the relied judgment ... passed by the predecessor court, it is established that the respondent (wife) is living in adultery, and as per section 125(4) of the Code of Criminal Procedure (CrPC), a wife if living in adultery is not entitled to any maintenance from her husband," the court said.
It added that even otherwise, the wife was living with another individual, had various properties from which she was earning a sufficient amount and had no obligation to maintain her children, as the husband was taking care of their expenses.
"Hence, the petitioner is not entitled to maintenance," the court said. PTI MNR RC
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