The Punjab & Haryana High Court has observed that unless it is found that at the time of relevant point of time, the wife was actually living in adultery she is disentitled for maintenance. “The maintenance can be declined, in the event, it is proved and established that the wife is living in adultery. “Living in adultery” means a continued adulterous conduct and not a single or occasional lapse. Solitary act of adultery or on isolated lapse of wife, will not disentitle the wife to claim the maintenance. The burden of proof of un-chastity is on the husband. Unless it is found that at the relevant point of time, the wife was actually living in adultery, she is not disentitled to claim maintenance. The material on record must indicate that the wife was living in adultery shortly before or after the petition of maintenance has been instituted.”
