Even if the wife is having an illicit relationship, she cannot be denied maintenance. A division bench of Justices JB Pardiwala and Niral Mehta said this in the appeal of the wife to live with her husband after getting divorced. After getting married, the husband got divorced from the family court after the wife had an illicit relationship with other people. The wife had challenged the decision of the family court in the High Court.
The wife had said in her appeal that she has to live in her own house with her husband. If the husband does not keep with you, then give maintenance. The bench said that after taking maintenance, get separated, the husband does not live with you. There is no point in such a marriage now. The woman living in Gandhinagar challenged the decision of the family court in the High Court.
The woman had said in the appeal that she has been living separately with her son since 2014. The son does not even recognize his father. The High Court observed that the father cannot be relieved of the responsibility of the son. Whatever may be the illicit relationship of the wife, the husband cannot deprive her of maintenance. There is no law for non-payment of maintenance when the wife is an adulterer.
Even after earning four times more, the husband's lawyer, who was entitled to maintain the wife, argued that the wife earned twice as much. Is asking for maintenance only with the intention of harassing. The Bench observed that the wife is entitled to maintenance even if she earns four times more. If you give money together, you will get rid of it soon. The father offered Rs 8 lakh for the expenses of the son's entire life.
Comments