This depends significantly on the specific facts and the statutory provision under which maintenance is claimed, since Indian law generally allows courts discretion to deny or reduce maintenance to a spouse whose adultery is proven, though this is not always an absolute automatic bar, and Delhi courts examine the totality of circumstances before making such determinations in each individual case.

Under Section 125(4) of the Code of Criminal Procedure (now reflected under the Bharatiya Nagarik Suraksha Sanhita, 2023), a wife who is proven to be living in adultery is explicitly disqualified from claiming maintenance, making this one of the clearer statutory bars available to a paying spouse defending against a maintenance claim from an adulterous partner. This provision reflects the law's view that a spouse's own marital misconduct can forfeit certain support entitlements they might otherwise have claimed.

However, under the Hindu Marriage Act's alimony provisions, courts retain broader discretion in weighing adultery alongside other factors, such as the overall conduct of both parties throughout the marriage, financial needs, and the paying spouse's capacity, meaning adultery is a significant factor working against the claiming spouse but not always an absolute bar in every conceivable circumstance under every applicable provision. The specific outcome often depends on how definitively the adultery is established and the broader context of the marital breakdown.

If you are defending against a maintenance claim from a spouse who committed adultery, it is important to present clear and credible evidence establishing the adultery to the required legal standard, since Delhi courts will not deny maintenance based on unsubstantiated allegations alone. Consulting the team at Aapka Legal Advice can help you build a well-evidenced defence highlighting the adultery and its relevance to the maintenance claim before your Delhi family court.

Given the discretionary nature of how adultery affects maintenance outcomes under different statutory provisions, obtaining a second opinion from a retired judge on how your specific evidence and circumstances are likely to be assessed can provide valuable strategic clarity. Experienced divorce lawyers and retired judges are available through Aapka Legal Advice's Delhi divorce lawyer directory.

In conclusion, a spouse who committed adultery faces significant, and sometimes absolute, barriers to claiming maintenance after divorce in Delhi, though the precise outcome depends on the specific statutory provision invoked and the strength of the evidence establishing the misconduct.