Can a wife claim maintenance after an extramarital affair?

I had an extramarital affair with my boss in Dubai and filed for divorce on his advice. My husband has evidence of my affair. Can I still claim maintenance and alimony from my husband in the ongoing divorce proceedings? I understand that if my husband proves my extramarital affair, I may not be entitled to alimony. My boss has now terminated my employment and no longer wishes to continue our relationship. Kindly advise me on my legal rights and whether I can claim maintenance and alimony from my husband under these circumstances.

4 AnswersQA Date: 13 Oct 2026Family / Matrimonial

Advocate By LEAD INDIA

Answered At: 13 Oct 2026

You may still claim maintenance or alimony, depending on the applicable law, your financial circumstances, and the evidence. An extramarital affair does not automatically disqualify you from every form of financial support. However, it may affect certain claims, particularly under specific legal provisions. Consult a family lawyer to assess your ongoing divorce case and available remedies. For further legal assistance contact us on our helpline number.

Advocate A M Iktear Uddin (Anik)

Answered At: 13 Oct 2026

Dear Client, Under the laws of India, an interim maintenance can be claimed under Section 24 of the Hindu Marriage Act of 1955, provided that it is relevant, depending on one's qualifications. Adultery, in itself, does not constitute grounds for the denial of maintenance, but can affect the decision regarding permanent alimony under Section 25(3). The court will consider your financial circumstances and the evidence before deciding your claim.

Advocate By LEAD INDIA

Answered At: 15 Oct 2026

Dear Client, Interim maintenance under Section 24, HMA is the best way, as adultery is no express bar and your job loss is relevant. Permanent alimony under Section 25 is harder, since conduct weighs heavily and may reduce or defeat it. Section 144 BNSS expressly bars a wife living in adultery, though that means ongoing conduct, not an isolated act, so the relationship ending helps.

Advocate By LEAD INDIA

Answered At: 21 Oct 2026

She is not legally entitled to claim maintenance. If a maintenance order is already in force, the competent court may, upon an appropriate application and upon the establishment of legally sustainable grounds.

Can a wife claim maintenance after an extramarital affair?

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