A division bench of Justice Ritu Bahri and Justice Nidhi Gupta of the Punjab and Haryana High Court recently denied permanent alimony to a wife on the grounds that she committed adultery and cruelty on her husband and that a divorce decree was passed on the same grounds by the family court.
The appeal before the High Court was filed against the order of the family court which allowed the application of filed by the husband under Section 13 of the Hindu Marriage Act.
The husband and wife got married in 1989 under the Hindu Marriage Act, however, the husband moved a petition a divorce because the wife was extremely rude and aggressive. The wife also insulted and humiliated the husband and his family members. Further, the wife also used to comment on the financial position of the husband in front of the husband’s friends and family members. As the husband-wife did not have a child, the wife also called him namard (impotent).
The husband alleged that the wife had committed adultery by developing physical relations with another man and the same was informed to the family court.
Sufficient evidence and record were placed before the family court proving adultery and cruelty. The family court then granted a decree of divorce under Section 13 of the Hindu Marriage Act.
The wife, in her appeal, before the High Court also claimed permanent alimony from the husband.
The counsel for the wife relied on Valsarajan vs. Saraswathy, 2003(3) R.C.R. (criminal) 665, but the court rejected the same on the grounds that in the said case, the wife was living in adultery after divorce and she was entitled to maintenance.
The High Court in its order rejected all arguments and judgments relied on by the counsel of the wife stating that the said judgments would not be applicable in the present case and denied alimony to the wife as she had committed cruelty and adultery on the husband.
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