The Allahabad High Court has said that a wife cannot receive interim maintenance under Section 125 of the Criminal Procedure Code (CrPC) if there is an allegation of adultery against her, and that allegation hasn’t been examined by the court.
Section 125(4) of CrPC clearly states that if a wife is found to be living in adultery, she is not eligible to get maintenance or interim maintenance from her husband.
In a recent judgment, Justice Manjive Shukla noted:
“It is clearly mentioned that if there is a strong claim of adultery against the wife, the court must first look into that claim. Only after that, interim maintenance can be decided.”
The case came to the High Court after a husband challenged a family court’s order that had given his wife ₹7,000 as interim maintenance. The husband argued that the wife was in an adulterous relationship, and therefore she had no right to receive money.
The High Court agreed with the husband’s argument and put a stay on the family court’s order.
The judge said:
“This Court finds that the family court did not properly examine the claim of adultery. The order dated April 13, 2023, which awarded ₹7,000 as interim maintenance, was passed without reviewing this important issue.”
The High Court also issued a notice to the wife and scheduled the next hearing for November 25.
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