Divorced wife denied permanent alimony in light of her unchaste conduct of adultery

Calcutta High Court: A Division Bench comprising of I.P. Mukerji and Amrita Sinha, JJ., allowed an appeal filed by the husband against the order of District Judge who directed him to pay permanent alimony of Rs 14 lakhs to the respondent wife.

Marriage between the parties to the appeal was dissolved by a decree passed by a District Judge in a suit filed by the husband under Section 13 of the Hindu Marriage Act, 1955. The suit was allowed against the wife on grounds of adultery and desertion. It was proved that the wife was in an adulterous relationship with a junior colleague of the husband. The wife filed an application for permanent alimony under Section 25, which was allowed by the District Judge and the order was passed as mentioned above. Aggrieved by the said order, the husband filed the present appeal.

The High Court perused Section 25 and found that grant of permanent alimony is subject to conditions. If at the time of deciding an application under the section, the wife is unchaste or has remarried, then the court may deny to grant the application. In the present case, the Court found that the wife was living in adultery which is unchaste conduct. Such conduct of the wife disentitled her from receiving any amount A permanent alimony and maintenance under Section 25. However, the husband was directed to pay 5 lakhs against maintenance of their son. The appeal was, thus, disposed of in above terms. [Ashutosh Bandhopadhyay v. Mukta Bandhopadhyay,2018 SCC OnLine Cal 5100, dated 31-07-2018]

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