A single judge of High Court of Chhattisgarh held that once a divorce decree is granted on the ground that wife is living in adultery then, wife suffers from the disqualification to claim maintenance from her ex-husband.
From Paras 19-21,
19.Sub- Section 4 of Section 125 of the CrPC provides that if a woman lives in adultery, whose marriage is still subsisting, she is not entitled for
maintenance from her husband. Suppose, a decree for divorce is granted on the ground of her living in adultery, can it be said that the said disqualification of which she was suffering from all along, during the subsistence of the marriage, will cease to exist, because of the decree for divorce?. The prudent answer to this question shall be an emphatic – “No”. The decree obtained by the husband for divorce on proving the adulterous life of the wife cannot give a license to her to continue to live in illicit relationship and to get her right to claim maintenance revived. Therefore, I conclude that a divorced wife, who lives in adultery, viz., living in illicit relationship with man other than her former husband is disqualified from claiming maintenance, under Section 125 of the Code.
20.If once the decree for divorce is granted on the ground of adultery, such finding is relevant for deciding the issue of adultery in the present case. The decree is a decree passed on proof of the claim made by means of sufficient evidence which has not been challenged by the aggrieved party.
21.Considering the aforesaid legal proposition of law and considering the facts of the case, this Court is of the opinion that the decree for divorce
granted by the family Court in favour of the applicant-husband is sufficient proof that the applicant-wife was living in adultery. When once such a decree is in force, it is not possible for this Court to take a different view contrary to the decree granted by the Civil court. Therefore, this Court is of the considered view that the decree granted by the Family Court clearly goes to prove that the applicant-wife is living in adultery and thus, applicant-wife suffers from the disqualification to claim maintenance from the petitioner.
Index of Divorce judgments is here. Index of Maintenance judgments is here.
