The Delhi High Court recently clarified that a few acts of adultery by a wife do not disqualify her from receiving maintenance. According to Section 125(4) of the Criminal Procedure Code (CrPC), a wife is not entitled to maintenance if she is living in continuous adultery or has refused to live with her husband for any reason.
The court was reviewing a case where the Family Court’s decision was challenged. The argument was that the wife was capable of supporting herself, as she was earning enough money, which she admitted during cross-examination. Therefore, it was claimed that her application for maintenance under Section 125 of the CrPC should be dismissed.
The respondent argued that allegations of adultery were baseless and lacked evidence. The court noted that previous Supreme Court and High Court rulings establish that a claim of cruelty does not automatically disqualify a wife from maintenance.
The court observed that the parties had been involved in multiple complaints and legal cases without conclusive results. Consequently, the revision petition was denied, and the original order was upheld.
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