The judges ruled in city-based's husband favour while setting aside Nagpur Family Court's order of September 27, 2006.
The couple's marriage was solemnized on November 19, 1981, in city and they were together till May 26, 2003 before differences cropped up between them. The wife allegedly started residing with her paramour and established physical relation with him, even as first marriage was not broken.
"The family court was not justified in granting maintenance to wife, in present circumstances of the case. It is rightly submitted on husband's behalf that after having recorded a finding that wife had voluntary sexual intercourse with a person other than her husband during subsistence of marriage and had conceived a child through him, the family court was not justified in directing him to pay 1,500 to wife towards permanent alimony," the judges observed.