In a significant ruling, the Chhattisgarh High Court has decided that a wife cannot claim maintenance from her husband on the grounds of adultery and extramarital affairs. The court overruled a family court decision that had directed the husband to pay ₹4000 in monthly maintenance to the wife, citing her involvement in an extramarital relationship.
The case revolves around a couple from Raipur, who married in 2019. After a few months of marriage, the wife accused her husband of both mental and physical abuse, which led her to leave his home in March 2021 and move to her brother’s house. Following this, the husband filed for divorce on the grounds of cruelty, and the wife sought maintenance from him.
In her application, the wife alleged that her husband had been cruel, mentally torturing her, and questioning her character, which compelled her to leave. On the other hand, the husband claimed that his wife was involved in an extramarital affair with his younger brother and had threatened to frame him in false cases. He also accused her of having relationships with other men, which further fueled the marital discord.
The family court, after hearing both sides, granted the husband a divorce on the grounds of adultery and cruelty but partially ruled in favor of the wife by ordering a monthly maintenance of ₹4000. Dissatisfied with the ruling, both the husband and wife filed separate criminal revision petitions in the High Court.
The High Court, after reviewing the case, sided with the husband and concluded that the wife’s behavior, particularly her extramarital affairs, nullified her right to maintenance, thus setting aside the family court’s decision.