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 there are allegations of adultery, unless the court first records a clear finding on those allegations.
As per Section 125(4) CrPC, a wife is not entitled to any allowance from her husband if she is living in adultery. Justice Manjive Shukla emphasized that once adultery is specifically alleged, the court handling the case must decide the issue before awarding maintenance, even on an interim basis.
The ruling came while hearing a plea filed by a husband who challenged a family court’s order granting ₹7,000 interim maintenance to his wife. He argued that since his wife was living in adultery, she was not eligible for maintenance.
Agreeing with the husband, the High Court stayed the maintenance order. The court observed:
“Without recording a finding on the issue of adultery, the order awarding ₹7,000 interim maintenance has been wrongly passed.”
The court further issued notice to the wife and posted the matter for November 25 for further hearing.
This ruling reinforces that courts must carefully examine allegations of adultery before awarding maintenance, ensuring that the provisions of Section 125(4) CrPC are strictly followed.
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