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28 Aug 2015

India’s Divorced Women Can’t Claim Alimony After ‘Sexual Impurity’

CHENNAI (Web Work area) – In an area where conjugal assault is still not considered a wrongdoing, a judge from the Chennai (Madras) High Court has decided that if a divorcee needs to get provision from her spouse, she should likewise "keep up control as she was relied upon to keep up amid the subsistence of her marriage" and not have sexual associations with another man. 


Equity S Nagamuthu held that a divorcee would lose her entitlement to claim support in the event that she breaks her sexual commitment she had before the disintegration of her marriage, the DNA reported. 

The judge's comments came while the seat was permitting a criminal amendment case testing a sessions court arrange that guided the spouse to pay support after he separated his wife on grounds of infidelity. 

Indicating out that the law doesn't permit a two-timing wife claim provision, the judge said the law would apply on account of a divorcee as well! 

He said: "The very protest of presenting Part IX in the Code of Criminal Strategy for support of wife, kids and folks is to protect them from dejection by broadening money related help. 

"Indeed, even after separation, the law takes mind that a lady does not wind up in dejection and that is the motivation behind why she is entitled for support from her past spouse. 

"Since a man conveys a commitment to keep up his separated wife, the lady likewise conveys the commitment not to live in association with another man. On the off chance that she submits rupture… she will experience the ill effects of guaranteeing upkeep… On the off chance that she needs to live in association with another man, she may be entitled for support from him and not from the former husband.”

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