Bengaluru: The Karnataka High Court has said that a married woman who is having an illicit relationship with another man cannot expect maintenance from her husband. A bench led by Justice Rajendra Badamikar, who heard a criminal review petition filed by a woman challenging the order of the Chikkamagaluru 2nd Additional Sessions Court, dismissed the petition.
"When the petitioner is not only having an illicit relationship but also dishonest, the contention that maintenance should be paid by the husband is not acceptable. There should be no expectation from the husband," the bench said. The court observed that a complaint was lodged that the applicant had eloped with another person.
During the investigation police came to know that she wants to stay with another person not with husband, the court said. “Divorce is also granted on this basis. This process is not questioned. The wife is not harassed by dowry. She was sent to her husband's house after holding a negotiation meeting in this regard. However, her (petitioner's) brother informed that she left her husband and cohabited with another person'', court said.
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''It is stated that the petitioner had no source of income for living when she was subjected to Cross-examination. However, according to the witnesses, she is living with another person and is taking care of her life. The fact that she was with him in all situations is known from the evidence. Therefore, the petitioner cannot be compensated,'' it added.
It observed that the Magistrate's Court has directed to grant maintenance without proper review of petitioner's plea. “However, the Sessions Court made this order after considering all the evidence'', bench said. It said that the HC bench dismissed the revision petition stating that there was no need to interfere in this.
Background of the case: Sources said that a man from Ramanahalli in Chikkamagaluru district was married to a woman from village Ratnakote in the same district. After the marriage, the wife had an illicit relationship with another person. Negotiation meetings were held in this regard and a decision was made. However, the woman did not change her attitude.
The family court had also granted divorce on the same basis. However, the magistrate court directed the husband to pay Rs 1,500 to his wife as maintenance, Rs 1,000 for house rent and Rs 5,000 as compensation. This order was set aside by the Sessions Court. Challenging this, the petitioner filed a criminal review petition in the High Court.
During the trial, the lawyer for the petitioner requested the court that "the petitioner is legally married to the respondent and it is the husband's duty to provide maintenance to his wife." The lawyer for the respondent however said, “The trial court has granted divorce between the couple on the basis of illicit relationship.
Also the petitioner has refused to live with her husband and is living with another person. Although they are legally married, they are not entitled to any maintenance due to her behavior of having an illicit relationship,” he appealed to the court.
