No alimony if woman divorced over adultery, HC rules

A woman divorced on the ground of adultery cannot claim maintenance from her ex-husband, the Madras high court has ruled.

The judge made the observation while allowing a criminal revision case filed by a government staffer challenging a lower court's order to pay a monthly maintenance of Rs 1,000 to his former wife, whom he divorced in 2011 on the ground of adultery.

"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," Justice Nagamuthu said.

"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," he said.