In a land where marital rape is still not considered a crime, a judge from the Madras High Court has ruled that if a divorcee wants to receive alimony from her husband, she must also “maintain discipline as she was expected to maintain during the subsistence of her marriage” and not have s*xual relationships with another man.

Justice S. Nagamuthu held that a divorcee would lose her right to claim maintenance if she breaches her s*xual obligation she had before the dissolution of her marriage. Pointing out that the law doesn't allow an adulterous wife to claim alimony, the judge said the law would apply in the case of a divorcee too!

He said: “The very object of introducing Chapter IX in the Code of Criminal Procedure for maintenance of wife, children and parents is to rescue them from destitution by extending monetary assistance. Even after divorce, the law takes care that a woman does not end up in destitution and that is the reason why she is entitled for maintenance from her erstwhile husband.”

“Since a man carries an obligation to maintain his divorced wife, the woman also carries the obligation not to live in relationship with another man. If she commits breach… she will suffer disqualification from claiming maintenance… If she wants to live in relationship with another man, she may be entitled for maintenance from him and not from the former husband." 

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                                          JUDGMENT

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.07.2015
CORAM : THE HONOURABLE MR.JUSTICE S.NAGAMUTHU
CRL.RC.(MD)No.142 of 2012
M.Chinna Karuppasamy : Petitioner
Vs.
Kanimozhi : Respondent