Denial Of Spousal Maintenance Due To Adultery In Marital Dissolution: An Indian Legal Perspective
- IJLLR Journal
- Oct 23
- 2 min read
Ishitha G Urs, BBA LLB, Ramaiah College of Law, Bangaluru, Karnataka, India
Prof. Dr. Kiran Kumar Thoti, Professor & Dean: Management Studies, Vidya Vikas Education Trust, Vidya Vikas Institute of Engineering and Technology, Mysuru, Karnataka, India
ORCID: 0000-0002-6678-9425
ABSTRACT
This article critically examines the consequences of adultery on entitlement to maintenance in the context in matters of marital dissolution under Indian law. Adultery was ceased to be a criminal offence with the application of Section 497 of the IPC, but after the change in statutes, we see that it is no longer a criminal offence. Now, it only falls under the Hindu Adoption and Maintenance Act, 1956 and Section 144 of BNSS, 2023 which clearly deals with civil matrimonial proceedings particularly affecting the rights of alimony and maintenance. This article mainly emphasis on judicial precedents that establish that a spouse particularly the wife, who indulges in adultery during or after the marriage, can be detained from getting maintenance from the spouse. It further examines the intricacies of the law where maintenance claims are affected by moral conduct of the spouse and how the court will balance this keeping in mind the obligations to the evolving societal values and gender justice. The article also discusses on the contemporary legal interpretations that help to differentiate between moral lapses and continuous adulterous conduct, which further emphasizes the need for clear and substantive proof to deny the allegations of adultery and the need for maintenance. It also focuses on the upcoming debates on restructuring maintenance laws to ensure there is gender equality and the protection of vulnerable parties without any moral misconduct. This comprehensive study contributes to a nuanced understanding of the link between adultery and maintenance rights in Indian matrimonial matters.
Keywords: Adultery, Maintenance, Alimony, Gender equality, Justice
