SIDAGAM SITARATNAM Vs. SIDAGAM SURYANARAYANA
HIGH COURT OF ANDHRA PRADESH
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(1.)THE petitioner is the legally wedded wife of the 1st respondent. THEre was a divorce between the petitioner, and the 1st respondent, by a compromise deed entered into on 22-12-1982 and the marriage was dissolved by mutual consent and the petitioner was given Rs.4,000/- in full settlement of her maintanance. After giving divorce, the petitioner did not remarry and as she is suffering very much now, for her sustenance, she filed a petition for maintenance again, under Section 125 Cr.P.C. THE trial court, as well as the lower appellate court, dismissed that application on the ground that she is Jiving in adultery.
(2.)AGAINST that finding, the petitioner filed this revision case. A divorced wife is entitled for maintenance as a matter of right, provided she continues to be not having any association with any other male person, so far as her sexual intercourse is concerned. If she has got any illicit sexual connection with any other third male person, she is not entitled for maintenance, even though the Statute i.e., Section 125 Cr.P.C. provides that a divorced wife is also entitled for the maintenance. This aspect has been considered by this court previously,and this court found that in a case where a wife lives in adultery and where a court granted a decree for divorce, and where the wife is still having illicit intimacy, after divorce, she is not entitled for the maintenance. In this case, the letter, Ex.D-3 written by the petitioner to her adoptive father indicates that she was living with one G. Narasinga Rao before and after the divorce was given. So the reasoning given by the two courts below for rejecting maintenance to the petitioner is correct and does not warrant any interference by this court. The petition is accordingly dismissed.
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