An Ahmedabad court ruled that a woman divorced for adultery is still entitled to maintenance. The court cited delayed allegations and evidence of domestic violence.
In a recent case from Ahmedabad, a local court gave a decision that even though a woman was divorced because of adultery, she still has the right to get maintenance from her ex-husband.
The court asked why the husband brought up the issue of adultery so late and ruled in favour of the woman, saying she faced domestic violence and deserved financial help.
ALSO READ: Parliamentary Panel Recommends Reinstating Adultery Law and Section 377
The man is an NRI (Non-Resident Indian) who now lives in the UAE. The court ordered him to pay ₹40,000 every month as maintenance to his ex-wife, ₹20,000 for house rent, and also ₹25 lakh as compensation under the Domestic Violence Act.
The husband had claimed that his wife was involved in adultery and because of that, the family court had given him a divorce. He said that because of this, the woman should not get any maintenance. But the court did not accept this argument.
The judge pointed out that the husband did not raise this point at the right time during the legal process.
The court said,
“If evidence from both sides is evaluated, during the applicant’s cross-examination, the opponent No 1 (husband) in his affidavit in examination-in-chief took a defence of extra-marital affairs of the applicant. However, it is important to note that the husband did not file any reply when this application was filed. This defence came up for the first time at the stage of evidence. By then, the stage was over to submit an additional reply to the husband and the court had framed the issue on January 1, 2023. Therefore, the husband’s defence regarding the applicant’s character cannot be accepted.”
This case took place in Ahmedabad’s rural court. The woman is from Gandhinagar, and the husband is from Sabarmati area in Ahmedabad.
They got married in 2006 and moved to Abu Dhabi. Later, the woman alleged that she faced domestic violence there. The couple had a son in 2012.
After problems started in the marriage, the woman came back to her parents’ house in India in 2016 along with her son.
ALSO READ: Madhya Pradesh High Court Rules Wife Involved in Adultery Can Be Denied Maintenance
She lived there after that. When the husband filed for divorce, the woman filed a complaint under the Domestic Violence Act in 2017 and also registered an FIR at Sabarmati police station.
Later, on January 20, 2023, the court gave divorce to the couple based on cruelty and adultery. But even before the divorce was finalised, the family court had already ordered the man to pay ₹40,000 every month as maintenance to his wife and child.
“After the hearing, the magisterial court found that the woman was a victim of domestic violence and she was entitled to the lifestyle her former husband is living in the UAE.”
The court carefully considered the facts and decided that just because a woman has been accused of adultery does not mean she should be denied basic support, especially when she has no income and is taking care of a child.
In its final words, the court said,
“at present the woman is not living with any man in an illicit relationship. She has no source of income and yet he is unemployed.”
This judgment is important because it shows that courts will not easily accept last-minute allegations, especially when a woman has suffered domestic abuse.
ALSO READ: Has the Supreme Court Failed Men in India? No Right to DNA Test in Adultery
The court gave priority to the woman’s rights and her need for financial support, showing a sensitive approach to both law and justice.
Click Here to Read Previous Reports on Adultery
