In India where marital rape is still not considered as a crime, Madras High court has ruled in a case that divorced wife, who lives in adultery, viz., living in illicit relationship with man other than her former husband is disqualified from claiming maintenance, under Section 125 of the Code of Criminal Procedure. The Court held that a divorced woman can only continue receiving financial support from her ex-husband if she never has sex with another man. Pointing out that the law doesn’t allow an adulterous wife to claim alimony, the judge said the law would apply in the case of a divorcee too!
Justice S Nagamuthu said: “Since a man carries an obligation to maintain his divorced wife, the woman also carries the obligation not to live in a relationship with another man. If she commits breach, she will suffer disqualification from claiming maintenance.” He further added that when a woman enters a sexual or romantic relationship with a man, she becomes his financial responsibility: “If she wants to live in a relationship with another man, she may be entitled to maintenance from him and not from the former husband.”
Case:- M.Chinna Karuppasamy Vs. Kanimozhi