Ahmedabad: Upholding a lower court’s definition of adultery, the Gujarat High Court said that a few unwitting lapses in behavior cannot be called adultery. However, even a singular act of sexual intercourse by a spouse with another person would be adultery.
The HC upheld these observations while refusing maintenance to a wife, who admittedly was found living an adulterous life. The court also upheld the payment of maintenance to a minor child by his father, but not to the wife because she was in a relationship with a third person.
This case is from Patan district. The woman unsuccessfully moved a magisterial court for alimony according to the provisions of section 125 of CrPC. She then approached a sessions court, which also denied her maintenance on account of her extra-marital relationship.