Smt. Sunita Singh vs Raj Bahadur Singh And Another (Allahbad HC) (1998 (4) AWC 386)
21. We are of the view that writing of letters, running away with Siddhant and staying with him at some places is also cruel act on the part of the wife as no husband would like to tolerate the infidelity or defection from the normal rectitude in character which is required from his wife. The cruelty can be mental and the circumstances which have been narrated above are worst form of cruelty for the husband considering the nature of the society which they belong. We thus uphold the findings of the lower court.
22. We are unable to accept the submission of the learned counsel for the appellant. We are of the considered view that the appellant after solemnization of the marriage has voluntarily sexual intercourse with a person other than her husband, i.e.. Siddhant as there was enough opportunity.
25. Regarding permanent alimony, we are of the view that respondent-husband is a young lawyer and he does not pay income-lax. We arc of the considered view that the wife is not entitled for permanent alimony as we have given a finding that she had illicit relations with one Siddhant and there is prohibition under Section 25(3) of Act of 1955 which is quoted below with advantage :
"25 (3), if the Court is satisfied that the party in whose favour an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, it may at the instance of the other party vary, modify or rescind any such order in such manner as the Court may deem just."