Kerala High Court on Alemony: Kerala High Court has given an important decision. If there is sufficient evidence that the wife is continuously living in adultery with her partner, then the husband can refuse to pay her maintenance. As such The court said Is That most acts of adultery occur in secret and therefore direct evidence is difficult to find. Adultery can be established by circumstantial evidence.
The Kerala High Court also clarified that a single incident of cheating is not sufficient to disqualify the wife from seeking maintenance, but there must be evidence of persistent adultery.
What is the matter?
In this case, the couple was married on 12 September 2003. In such a situation, after a few years of marriage, they started facing marital problems. Therefore, the husband went ahead and applied for divorce in the family court of Muvattupuzha under O.P.No.918/2019. The court accepted this petition and the divorce was granted.
In fact, the wife filed another case (MC No. 135/2020) in the same court, using Section 125 of the Criminal Procedure Code, claiming compensation of Rs 25,000 per month. The husband argued against this that his former wife was living in adultery, which made her ineligible for compensation under sub-section (4) of Section 125 of the Criminal Procedure Code.
Evidence and admissibility in court
Accepting the husband’s argument as correct, the court gave importance to the circumstantial evidence. The wife admitted to having an affair for a year, the witness saw her with another man in the parking lot and call records and tower locations were also presented. The High Court recognized this evidence and ruled in favor of the husband.
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