Wife Not Disqualified from Maintenance Over Alleged Affair: Patna High Court
The Patna High Court has ruled that a woman is still entitled to maintenance under Section 125 of the CrPC even if her husband alleges she had an illicit relationship—unless it is proven she was continuously “living in adultery.”
The case involved a man named Awadh Kishore Sah, who challenged a Family Court order that directed him to pay ₹3,000 per month to his wife and ₹2,000 per month to their minor daughter. He claimed his wife, Soni Devi, had an affair with her brother-in-law and that the child was not biologically his.
However, Justice Jitendra Kumar dismissed his claims, saying the husband had no solid proof. The Court clarified that “living in adultery” means a continuous immoral relationship, not just isolated mistakes. A few moral lapses do not take away a wife’s right to claim maintenance.
The judge explained that adultery is a legal term that only applies after marriage, and any relationship before marriage does not count as adultery.
The husband failed to provide:
- Specific details of the alleged affair (time, place, or names),
- Any matrimonial petition to contest paternity,
- And any strong evidence in court.
Referring to Section 112 of the Indian Evidence Act, the Court said a child born during a valid marriage is legally presumed to be the child of the husband unless it is proven that he had no access to his wife during the likely time of conception.
Since the husband did not take any legal steps to challenge paternity in a proper court, the Court ruled that the daughter is his legitimate child and also entitled to maintenance.
Finally, the Court also found the maintenance amount reasonable, based on the wife’s and child’s needs and the husband’s income. Therefore, the petition was dismissed.
Case Title:
Awadh Kishore Sah vs. The State of Bihar & Others
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