Alimony in Case of Adultery


Managing the legal and emotional aspects of marital conflicts can be difficult, particularly when adultery plays a role. Knowing how adultery affects alimony, it becomes important in India, where family rules are deeply grounded in societal and cultural norms.  When adultery is present, alimony is frequently a difficult topic in divorce proceedings and becomes significant since it can affect the result of court cases and financial settlements.


Legal Framework on Alimony in Cases of Adultery

The personal laws of many religions in India regulate maintenance and alimony rights. Personal laws cover marriage, divorce, and maintenance, with different provisions for different categories of claimants. Let's examine various legislation for the Alimony considerations in case of adultery:-

Hindu Law: According to section 24 of the Hindu Marriage Act of 1955, depending on the particular circumstances, both the husband and the wife may be able to receive maintenance from the other spouse. This section considers several elements, including the incomes and earnings of each spouse, their job status, their assets and obligations, and their overall financial situation, without discriminating based on gender.

When a couple chooses to end their marriage respectfully, the amount of alimony that one must pay the other typically depends on their shared understanding. However, alimony gets decided on an individual basis in disputable divorces. The court has total discretion over the amount of maintenance. Depending on this, the innocent spouse may seek divorce and claim alimony as a form of financial support in some cases.

Muslim Law: Islamic law grants alimony and maintenance only to women. Certain things never change, even when a wife makes more money than her spouse. When a couple gets a divorce, the Muslim Women (Protection of Rights on Divorce) Act of 1986 addresses how assets and support are split. It makes sure that the woman may still get assistance from her husband if she becomes wealthier.

Christian Law: Under Sections 36, 37, and 38 of the Indian Divorce Act of 1869, Christian law addresses the support of the separated wife. When the lawsuit is still pending, Section 36 addresses the request for costs of alimony and maintenance. Giving the wife financial support while the lawsuit is still ongoing is the major goal of this section.

The Act's Section 37 addresses the distinction between maintenance and permanent alimony. Whatever the situation, the court has the right to order the spouse to give financial support, which might take the form of a weekly or monthly payment. The court may also decide to temporarily terminate or suspend the order if the spouse is unable to make any similar payments in the future. Adultery is a ground for divorce under this Act, and the innocent spouse may seek alimony as part of the divorce proceedings.

Special Marriage Act: According to the Special Marriage Act of 1954 marriage may end in divorce if one of the partners cheats. The spouse seeking support after divorce, called alimony, may get it depending on their financial situation.

A judge will consider each party's income, earning capacity, marital lifestyle, and other pertinent information while determining alimony in situations involving infidelity. It's critical to realize that the court determines the appropriate amount of alimony based on the particular facts of each case and that amounts might differ significantly between them.


Alimony If the Husband Committed Adultery and the Wife is Innocent

The innocent woman still has the right to alimony, or income support, in the case of a divorce when her husband cheats or commits any other marital violation. This assistance is based on her need for livelihood, her capacity for self-sufficiency, and their marital lifestyle.

The husband's cheating does not release him of his obligation to provide for his wife financially. Instead, while determining the proper amount of alimony, courts may take the adultery's surrounding circumstances into account to make sure that the innocent spouse receives just compensation for any suffering caused by the husband's crime.

Here are some factors influencing the determination of alimony in Adultery in India:

Both partners' money matters: It's important to look at how both people earn money and what they have financially. The courts decide what each person needs and can afford by looking at their income, what they own, and what they owe.

Lifestyle During the Marriage: It's common to consider the living standard that was set during the marriage. Particularly in cases where there is a large income gap, courts may make an effort to keep the supported spouse's post-divorce quality of living comparable.

Parties' ages and health: Each spouse's age and health is checked. The capacity to work, health-related restrictions, and anticipated future medical costs are a few examples of the factors that could affect alimony decisions.

Contributions to the Marriage: Here each spouse's non-financial and financial contributions to the marriage are assessed. This covers childcare, housework, and supporting the other spouse's education or job.

Guardian Agreements: The arrangement for custody and the costs related to raising the children may influence alimony payments if child custody is a factor.

Liabilities and Assets: The allocation of assets and debts during a marriage could have an impact on alimony calculations. Courts may take property partition into account when determining each spouse's need for financial support.

It is significant to remember that different jurisdictions may have numerous factors and priorities for each aspect. A family law attorney can guide people through the alimony determination procedure and fight for their rights and interests.


Alimony if the Wife committed adultery and the husband is innocent

In India, If the wife commits adultery, she won't receive alimony. But, it doesn't automatically mean her husband doesn't have to give her financial support during a divorce. Whether she gets support depends mostly on her financial needs and ability to support herself, along with other factors.

Courts in India try to be fair in divorce cases. Even if the wife cheated, she might still get financial support if she genuinely needs it and her husband can afford it. However, the court can decide how much support she gets. They might consider things like how serious her cheating was, how it affected the marriage and other important details.

In the end, the court decides each case according to its unique facts and circumstances, and it works to reach a reasonable and fair decision that takes into account the requirements and interests of all parties. Thus, although the wife's misbehavior may influence the determination of alimony, the husband's duty to provide for the family remains.

Here are some of the cases and judgments related to it:


Case 1:

Court: Karnataka High Court

Judges: Rajendra Badamikar, J.

Case Summary:

The wife, who is requesting assistance, was not happy with the judge's decision to revoke an order that, according to the Protection of Women from Domestic Violence Act, 2005, was meant to provide her with financial support and income. She said she was being harmed at home and asked for money, housing, and protection. Initially, another judge agreed and gave her some help, but later a different judge changed that decision. The wife argued that she should still receive money because she's still legally married. However, her husband claimed that she cheated on him and was cruel, so their marriage was over. He said she fled with a neighbor and had no intention of making apologies.


After examining the evidence and arguments, the Court found that the petitioner had indeed engaged in adulterous behavior and had eloped with a neighbor. Although she claimed maintenance as a lawful wife, her conduct contradicted her claim. The Magistrate's decision to provide maintenance proved faulty by the Court due to inadequate consideration of the available evidence. However, a reassessment of the facts supported the Sessions Judge's decision to deny maintenance. The petitioner's dishonesty towards her husband rendered her support claim illegal, according to the Court, which also affirmed the Sessions Judge's decision to deny the claim.


The Court agreed with the Sessions Judge's choice not to give help and compensation, and it rejected the petitioner's appeal.


Case 2:

Court: The Delhi High Court 

Judge: Justice Chandra Dhari Singh

Case Summary:

The Delhi High Court said that even if a wife has committed occasional adultery or been cruel, she can still get financial support from her husband. This decision came in a case where a husband was told to give monthly money to his wife by a lower court, and he challenged that decision.


Justice Chandra Dhari Singh clarified that occasional acts of adultery or cruelty by a wife do not automatically disqualify her from receiving maintenance from her husband. The court emphasized that only continuous and repeated acts of adultery could potentially impact the allowance.

Under Section 125 of the CrPC, the court directed the husband to start giving his wife Rs 15,000 per month in August 2020. But the husband claimed that his wife left him after having an affair rather than remaining with him.


The High Court rejected the husband's arguments, highlighting that maintenance laws aim to prevent destitution among the dependents of a capable individual. The court noted a trend of misusing legal processes to evade responsibilities.

Regarding cruelty and adultery, the court emphasized that these grounds were insufficient to deny maintenance. It referenced past cases where even in instances of divorce granted due to cruelty, alimony was awarded to the wife.

Regarding adultery specifically, the court stated that isolated incidents were insufficient to prove the wife was "living in adultery," as required by law to deny maintenance under Section 125 CrPC. Similarly, the court dismissed the claim of desertion by the wife.

Ultimately, the husband's challenge to the trial court's maintenance order was rejected.


Case 3:

Court: Rajasthan High Court - Jodhpur

Judge: Ashok Kumar Jain

Case Summary

A petitioner dissatisfied with the ruling of the Additional Sessions Judge in Nathdwara filed a plea under Section 482 Cr.P.C. They asked for the Ist Class Judicial Magistrate to reevaluate Nathdwara's case ruling, but their plea was denied.


The petitioner claimed that the lower courts did not take into account respondent No. 1's alleged adultery while upholding the support judgment. The petitioner contended that the denial of the maintenance request was due to respondent No. 2's extramarital affair. The petitioner also claimed that he had financial troubles and was unable to pay maintenance.

The prosecution contended that both lower courts had reached concurrent findings.


After looking at all the facts, it was discovered that the person making the accusations of cheating didn't have solid proof. Even though they tried to patch things up in their marriage, they couldn't show enough evidence to back up their claim. The letter they showed as proof wasn't strong enough to damage the reputation of the other person involved.

Regarding the maintenance amount, considering the petitioner's residence in Mumbai and his business background, the ordered maintenance was deemed reasonable. The court emphasized the husband's obligation to support his wife and children, citing Section 125 Cr.P.C. as a measure of social justice. Consequently, the petition under Section 482 Cr.P.C. was dismissed as lacking merit, and all pending applications were disposed of accordingly.


In India, adultery is now a question of personal liberty rather than a crime that is subject to legal penalties. Recognizing individual rights and gender equality began with the legalization of adultery. However, there is still a lot of discussion about the effects of infidelity on married couples. It is not required to pay alimony in cases of adultery. However, it relies on the previously mentioned factors, legitimate nature, and relevant legislation.