No compensation for husband in name of wife’s extra-marital affairs, court quashes order

KOCHI: The Kerala High Court quashed the family court order to pay compensation to the man in the name of his wife having an extramarital affair. The court observed that such relationships do not lead to compensation but to divorce. The order was passed by a division bench comprising Justice Devan Ramachandran and Justice M B Snehalatha.

The Thiruvananthapuram family court had ordered a compensation of Rs 4 lakh to the husband for his wife's eloping. The compensation was for the mental anguish and defamation suffered by the husband. The court considered the case of the couple who got married in 2006.

The man alleged that his wife had left the house with money and gold ornaments after six years of their marriage. He had demanded Rs 20 lakh as compensation and the gold. The family court had then ordered a compensation of Rs 4 lakh. The division bench's observations were on the plea challenging this order.

The court said that although extramarital affairs can be considered a ground for divorce, there is no provision in India to seek compensation for mental anguish caused due to it. Adultery is not a crime under the Indian Penal Code. The law allows sexual freedom and dignity to women. The court observed that where a woman's sexuality is interpreted as the property of her husband, her legal right is violated. The order states that marriage is a civil contract and there is no right to property rights by linking it to the character of the partner.