National: In a landmark Gujarat divorce maintenance case, a court granted divorce citing adultery but still ordered the husband to pay ₹25 lakh and monthly maintenance.
Here’s what the ruling means for similar cases in India.
Background of the Case
In a significant ruling, an Ahmedabad family court granted a divorce to a husband citing adultery and cruelty by his wife, yet ordered him to pay substantial maintenance.
The case, originating from Sabarmati, Ahmedabad, involves a couple married in 2006 who relocated to Abu Dhabi before marital discord led to their separation.
Divorce and Maintenance Verdict
On January 20, 2023, the court dissolved the marriage on grounds of the wife’s alleged extramarital affair and cruelty.
Despite this, the court mandated the husband to pay ₹25 lakh as compensation under the Protection of Women from Domestic Violence Act, along with monthly maintenance of ₹40,000 for the wife and their son, plus ₹20,000 for rent.
Allegations and Counterclaims
The wife alleged that her husband subjected her to harassment, prompting her return to India in 2016. She filed an FIR in 2017 at Sabarmati Police Station under the Domestic Violence Act, while the husband sought divorce, accusing her of infidelity, which the court ultimately upheld.
Court’s Rationale on Maintenance
The husband claimed unemployment to avoid maintenance obligations, asserting he was living with a second wife in the UAE.
The court rejected this defense, finding evidence of his financial capacity and ruling that his attempt to evade maintenance was unjustified.
Gujarat divoce maintenance case: Domestic Violence Findings
The court determined that the wife had faced domestic violence, justifying the compensation and maintenance orders.
This finding underscores the judiciary’s commitment to protecting women’s rights, even in cases where divorce is granted due to marital misconduct.
Legal Implications
This ruling highlights the nuanced application of Section 125 of the Criminal Procedure Code, which ensures maintenance for wives, even post-divorce, unless disqualified under specific conditions.
It reinforces that allegations of adultery do not automatically negate maintenance rights when domestic violence is substantiated.