Bloody C asked:


suppose a man caught his wife cheating n engaging in adultery. and this leads to a divorce! does a man still have to maintain her after divorce? i am talking in indian context and indian law!

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2 Responses to “Does an indian male have to pay alimony even if the divorce was due to adultery?”

1. fbstill123 on April 24th, 2010 3:25 am

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   WELL TO BEGIN WITH I AM NATIVE FROM OKLAHOMA AND I KNOW THAT ALL LAWS ARE THE SAME GET A LAWYER AND ASK SO DONT LET HER GET AWAY WITH THAT I DON’T KNOW ABOUT HAVING TO PAY HER SINCE SHE WAS THE ONE HAVING THE AFFAIR BUT IF IT WAS MY HUSBAND YOU BETTER KNOW HE WOULD PAY ME AND HOUSE PMENT ELECTRIC BASICALLY HE WOULD PAY FOR EVERYTHING CAUSE HE CHOSE TO FOOL AROUND I WOULD MAKE SURE OF THAT

2. vijay m on April 27th, 2010 6:08 am

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   Yes No. When it comes to Permanent alimony and maintenance which a wife can claim if she is unable to maintain herself at the time of passing of any decree or at any time subsequent thereto, the court can grant her this financial assistance but based on the income property of both parties. Now the decree of divorce whether based on the ground of adultery is concerned it hardly matters for this sort of Permanent alimony and maintenance under the Marriage Act applicable to parties under which they got married have claimed divorce. The only provision of Indian law where a wife indulging in the act of adultery is not allowed to get any monthly maintenance from her husband is under section 125 of the Criminal Procedure Code.This provision specifically prevents such adulterous wife to get any monthly maintenance section 125(4) Cr.P.A states:- No wife shall be entitled to receive an allowance from her husband under this section she is living in adultery, or if, without any sufficient reason, she refuses to live with her, husband, or if they are living separately by mutual consent.
   Now to the extend the privilege to claim monthly maintenance has been provided even to divorced wife under this section,if she has no means to maintain herself to prevent her to lead destitute life. This divorced wife however will not be allowed monthly maintenance if she remarries or is leading adulterous life,but as told you above the other provision of law under the Marriage Act such as the Hindu Marriage Act,1955 applicable to Hindus the Special Marriage Act,1954 applicable to Civil Marriages doesn’t stop the court to allow monthly maintenance or lumpsum maintenance for the divorced wife even if she was found leading adulterous life. This the unfortunate legal situation in Indian context law.