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Can a Spouse Who Committed Adultery Still Claim Maintenance After Divorce in Bengaluru?

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(@Vaidehi Bhageria)
Joined: 1 month ago
[#2275]
The divorce was granted by the Bengaluru Family Court on the ground of adultery committed by my spouse. Despite this finding, my spouse is now seeking maintenance from me. Can a spouse who is found guilty of adultery by the court still legally claim and receive maintenance from the innocent party after divorce?

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(@advocate-mudit-pratap)
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Joined: 3 months ago

This question often carries a sense of injustice for clients, and the legal answer requires some nuance — a spouse claiming maintenance after adultery in Bengaluru faces real statutory restrictions, but the outcome is not always an automatic bar depending on which law and which specific provision applies to your case.

Under Section 125(4) of the CrPC (now reflected in the BNSS), a wife who is "living in adultery" is explicitly disqualified from claiming maintenance, and courts have interpreted this to mean an ongoing adulterous relationship rather than a single past instance. This means that a spouse claiming maintenance after adultery in Bengaluru under the CrPC route may be denied relief if the adultery is proven to be a continuing state of affairs at the time maintenance is sought, rather than an isolated incident that occurred once during the marriage.

However, under the Hindu Marriage Act's provisions for permanent alimony under Section 25, courts retain broader discretion and may still consider factors like conduct, but adultery alone does not create the same rigid statutory bar as under Section 125 CrPC — the court weighs overall conduct, financial need, and contribution to the marriage more holistically. This means outcomes can genuinely differ depending on whether your case proceeds under the CrPC maintenance provisions or the Hindu Marriage Act's alimony provisions, making the choice of legal strategy critically important from the outset.

It's also worth noting that even where maintenance for the adulterous spouse is reduced or denied, courts almost always continue to protect the interests of children born from the marriage, who cannot be penalized for either parent's conduct. If you are on either side of this dispute — seeking to establish adultery as a bar to maintenance, or defending against such an allegation — the evidentiary standard matters enormously, and reaching out via Aapka Legal Advice early ensures your case is built around the correct legal provision and evidentiary threshold from day one.

Our panel of retired judges, several with direct experience adjudicating maintenance disputes, along with senior divorce lawyers, regularly advises clients on precisely this intersection of conduct and financial entitlement. You can review advocate profiles at Best Bangalore Lawyers & Retired Judges.

In conclusion, whether a spouse claiming maintenance after adultery in Bengaluru succeeds depends heavily on which statute governs the claim and whether the adultery is proven as an ongoing relationship, so tailored legal strategy matters far more than a one-size-fits-all answer here.


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