Neetu Thakur and Ors. v. Laxmi Narayan Thakur - (02 Sep 2015)

Occasional lapse from virtue does not disentitle wife from receiving maintenance

MANU/MP/0910/2015

Family

In a case where the Respondent denied maintenance to his wife and children alleging the wife's continued illicit relationship with other men, the Court held in favour of the wife. Noting the Respondent's claims of having witnessed first-hand his wife's promiscuity, the Court noted that he had not raised an alarm, confronted the wife or even informed his family members. Finding such behaviour to be “against common course of human conduct”, and that no evidence had been adduced to prove the wife's infidelity, the Court held the Respondent to have failed to establish his wife was living in adultery. The Court added that in order to disentitle a wife from maintenance under the CrPC, it was necessary to prove that she was in a “quasi-permanent union with her paramour”.

Relevant : Section 125 Code of Criminal Procedure, 1973 Act

Tags : WIFE ADULTERY VIRTUE MAINTENANCE