Patna High Court: Wife Cannot Be Denied Maintenance for Isolated Moral Lapses
The Patna High Court has ruled that a wife cannot be denied maintenance under Section 125 of the Code of Criminal Procedure (CrPC) merely on the basis of isolated lapses or moral failings. The Court clarified that there is a difference between “acts of adultery” and “living in adultery.”
Justice Jitendra Kumar explained that “living in adultery” requires continuous conduct, not just one or two acts of immorality. He added that a few lapses followed by a return to normal life cannot be treated as living in adultery. However, if such behaviour continues over time, it may amount to living in adultery.
The case arose from a maintenance order of the Family Court, Bhagalpur, which directed the husband, Awadh Kishore Sah, to pay ₹3,000 per month to his wife, Soni Devi, and ₹2,000 per month to their minor daughter. The husband challenged the order, alleging that his wife had an illicit relationship with his brother-in-law and claimed that the child was not his biological daughter.
The High Court, however, found no evidence to support the husband’s claims. It noted that he had only made general allegations without providing specific details such as time, place, or proof of adultery.
On the issue of paternity, the Court referred to Section 112 of the Evidence Act, which presumes that a child born during a valid marriage is legitimate unless the husband proves lack of access to his wife at the time of conception. Since no such proof was provided, the child was held to be legitimate and entitled to maintenance.
The Court also ruled that the maintenance amount fixed by the Family Court was reasonable based on the needs of the wife and child and the husband’s income. Accordingly, the petition was dismissed.
Case Title: Awadh Kishore Sah vs. The State of Bihar & Ors.
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