Gujarat Court Orders Maintenance Despite Divorce Over Adultery Allegations

A man approached the court seeking a divorce from his wife, accusing her of being in an extramarital relationship. While the court granted the divorce, it also ordered the husband to pay maintenance to his wife. This verdict was delivered by a court in Ahmedabad, Gujarat. The court dismissed the husband’s allegations of his wife’s extramarital affair and, under the Domestic Violence Act, directed him to pay ₹25 lakh as compensation. Additionally, it ordered the payment of ₹40,000 per month as maintenance and ₹20,000 per month as house rent.

The man, a resident of Sabarmati in Ahmedabad, married a woman from Gandhinagar in 2006. The couple later moved to Abu Dhabi. In 2012, they had a son. The wife informed the court that due to harassment and ongoing conflicts, she could no longer live with her husband and returned to India in 2016. In 2017, she filed a First Information Report (FIR) against her husband at the Sabarmati Police Station, accusing him under the Domestic Violence and Women Protection Acts.

Following these events, the husband approached the court seeking a divorce. Meanwhile, the wife filed a petition in the Ahmedabad Family Court requesting maintenance. On January 20, 2023, the court granted the couple a divorce on grounds of adultery and cruelty. However, it also ordered the husband to pay ₹40,000 per month for the wife and child’s maintenance, along with ₹20,000 per month as house rent. Additionally, he was directed to pay ₹25 lakh as compensation.

After evaluating the case, the court concluded that the woman had indeed suffered domestic violence. The husband claimed he was unemployed and unable to pay maintenance. However, the court rejected this argument, ruling that the man was living in the UAE with a second wife and had made false claims of unemployment to evade responsibility. As a result, the court firmly held that he must pay maintenance to his first wife.