AN order of the Punjab and Haryana High Court has brought the issue of adultery into the limelight. It said: "The maintenance can be declined, A in the event, it is proved and established that the wife is living in adultery. Living in adultery means a continued adulterous conduct and not a single or occasional lapse. Solitary act of adultery or on isolated lapse of wife, will not disentitle the wife to claim the maintenance."
The Court made the above observation while dismissing a petition filed by a husband. Earlier, a family court in Rewari had dismissed his petition.
His wife had also filed a petition under Section 125 of the Code of Criminal Procedure on behalf of her three minor children and herself alleging that her marriage was solemnised on April 29, 2004. But her husband had neglected to maintain them. However, he alleged that his wife was having an adulterous relationship and this was confirmed by a handwritten note. He even sought to dispute the paternity of the children.
After this, he moved an application for examination by a handwriting expert. This was resisted by the wife. Though the written document was in the custody of the husband and he was given sufficient opportunity to produce the evidence, he intentionally moved the application at a belated stage to fill up a lacuna in the case, the wife alleged.
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