The Karnataka High Court holds that a wife living in adultery is not entitled to maintenance from her husband under the Domestic Violence Act.

The Karnataka High Court dismissed the revision petition filed by the wife against the order of the sessions court which had overturned the order of the magistrate granting maintenance with the wife under section 12 of the Domestic Violence Act. The High Court on appreciations of facts observed that the wife had been living in Adultery and hence she was not entitled to any maintenance. 
 
The High Court observed thus:
 
“The oral and documentary evidence produced clearly establishes that the petitioner is not honest towards her husband and she has got extramarital affairs with the neighbour and all along, she asserted that she used to stay with him. When the petitioner is staying in adultery, the question of she claiming maintenance does not arise at all.”
 
“The contention of the petitioner that the petitioner is a legally wedded wife and entitled for maintenance cannot be accepted in view of the conduct of the petitioner, who is not honest and is leading an adulterous life.”
 
“The learned Magistrate has failed to appreciate any of these aspects and in a mechanical way, awarded the maintenance and compensation, which is a perverse order. The learned Sessions judge has re-appreciated the oral and documentary evidence and has rightly rejected the claim of the petitioner in view of the fact that she was leading an adulterous life.”
 

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