Indian Court Rules Women Divorced for Adultery Cannot Claim Alimony
August 17, 2014
A Madras high court has ruled that an Indian woman divorced on the ground of adultery cannot claim maintenance from her ex-husband.
The judge made the observation while allowing a criminal revision case filed by a government staff challenging a lower court’s order to pay a monthly maintenance of Rs 1,000 to his ex-wife, who he divorced in 2011 on the ground of adultery.
Justice Nagamuthu explained his ruling with “Just as a man has an obligation to maintain his divorced wife, the woman also has an obligation not to have illicit relationship with another man.The divorcee would suffer disqualification from claiming maintenance if she had relationship with another man. She was entitled to get maintenance from the person with whom she had relationship and not from the ex-husband”
This ruling may be a can of worms. As difficult as it is for women to get alimony, the courts have made it even more difficult for them. Now all that the husband has to do, is claim that his wife was having an affair.