No Maintenance for Wife If Divorce Is Granted Due to Adultery: Chhattisgarh High Court
In a recent ruling, the Chhattisgarh High Court has made it clear that a wife who is divorced on the grounds of adultery is not eligible for maintenance from her former husband. The court dismissed a woman’s petition seeking increased maintenance and also canceled the maintenance amount previously granted by the family court.
This verdict came after a couple from Raipur filed review petitions challenging a 2024 family court decision, which had directed the ex-husband to pay ₹4,000 per month as maintenance.
The man, a computer operator, argued that his ex-wife was involved in an adulterous relationship with his younger brother, a fact that had already been proven in court. He said that according to Section 125(4) of the Criminal Procedure Code, a wife who is living in adultery is not entitled to maintenance. He also told the court that his financial condition had not been considered properly in the earlier judgment.
On the other hand, the woman asked the court to increase her monthly maintenance to ₹20,000, claiming that her ex-husband had multiple income sources — including rent and farming — totaling ₹1 lakh per month. However, the man responded that he only earns ₹17,131 from his job and has no additional income.
The woman’s lawyer argued that there is a difference between “living in adultery” and having an affair in the past. But the court noted that in 2023, a divorce was granted under the Hindu Marriage Act based on the wife’s adulterous conduct.
Justice Arvind Kumar Verma, who heard the case, ruled that since the divorce was granted due to adultery, the wife is not entitled to any maintenance. The judge emphasized that the divorce decree itself serves as proof of the adultery and thus, cannot be ignored.
This case sets an important precedent in family law and clarifies the legal position that a woman living in adultery cannot seek maintenance under Section 125(4) CrPC.
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