The Allahabad High Court has ruled that interim maintenance under Section 125 of the Code of Criminal Procedure (CrPC) cannot be granted to a wife if the husband has made clear allegations of adultery without first examining those claims. According to Section 125(4) of the CrPC, a wife is not entitled to maintenance if she is found to be living in adultery.
Justice Manjive Shukla, presiding over the case, emphasized that when a husband accuses his wife of adultery, the court must first investigate this allegation before awarding any maintenance, including interim maintenance. The ruling came during the hearing of a petition filed by a husband who challenged a family court’s decision to award ₹7,000 per month in interim maintenance to his wife.
The husband argued that his wife was living in adultery and therefore should not be entitled to any financial support. The High Court agreed, observing that the family court had failed to address the issue of adultery before granting interim maintenance. As a result, the court stayed the interim maintenance order and scheduled further hearings on the matter.
The court also noted, “Without recording a finding on the issue of adultery, the impugned order dated April 13, 2023, awarding ₹7,000 in interim maintenance, was passed.” A notice has been issued to the wife, and the case will be reconsidered on November 25.
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