The Delhi High Court recently ruled that occasional or single acts of adultery by a wife do not qualify as “living in adultery” under Section 125(4) of the Criminal Procedure Code (CrPC). Only continuous and repeated acts of adultery or cohabitation in adultery can disqualify a woman from receiving maintenance from her husband.
Section 125(4) of the CrPC states that a wife is not entitled to maintenance if she is living in adultery, refuses to live with her husband without a valid reason, or if they are living separately by mutual consent.
The High Court was reviewing a criminal revision petition that sought to overturn a Family Court’s decision. In this case, it was argued that the wife was financially self-sufficient and had admitted during cross-examination that she was employed and capable of supporting herself. Therefore, it was contended that her application for maintenance under Section 125 of the CrPC was not valid.
On the other hand, the wife argued that the adultery allegations made by her husband were an afterthought and lacked evidence. The Court noted that, based on precedents set by the Supreme Court and other High Courts, allegations of cruelty do not strip a wife of her right to maintenance.
The High Court also pointed out that this case involved multiple complaints and criminal cases filed by both parties, which led to no conclusive outcomes. Consequently, the court denied the revision petition and upheld the Family Court’s decision, maintaining the wife’s entitlement to maintenance.
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