Hindu Marriage Act (25 of 1955) , S.25(1)— Conduct of the parties - Husband obtaining decree of divorce on ground of adultery - Does not disentitle wife to maintenance. AIR 1967 Ker 181 and AIR 1970 J and K 150, Dissented from. Under S.25 an applicant is entitled to maintenance under sub-s.(1) thereof notwithstanding the kind of matrimonial decree that is passed and the ground on which it is passed. A decree passed against the applicant on the ground of unchastity is no bar to his or her claiming maintenance either at the time of passing such decree or any time subsequent thereto. The Court has ample discretion to grant or refuse maintenance, and the extent to which to grant the same, depending on the facts and circumstances of each case. The legislature had to be pragmatic on the subject since all acts of unchastity cannot be painted with the same brush. In one case, a single fall from virtue may brand a person unchaste while a persistent unchaste conduct in other case may remain unnoticed for a long time. Similarly, a person may become a victim of a helpless or an uncontrollable situation in one case while another case may reveal a defiant debaucherous conduct. There may be cases where the opponent is directly or indirectly a contributory party to the unchaste conduct of the applicant. The circumstances in which decrees on the ground of unch....