The Delhi High Court recently clarified that a few isolated incidents of adultery do not amount to “living in adultery” under Section 125(4) of the Criminal Procedure Code (CrPC), which could disqualify a wife from receiving maintenance. The court emphasized that continuous or habitual adultery is necessary to refuse maintenance on these grounds.
Section 125(4) of CrPC Explained
Under Section 125(4) of the CrPC, a wife is not entitled to maintenance if she is living in adultery, refuses to live with her husband without valid reason, or if the couple lives separately by mutual consent.
Case Background
The court was hearing a criminal revision petition challenging a Family Court’s order. The petitioner argued that the wife, being financially independent, did not require maintenance. During cross-examination, the wife admitted her employment, reinforcing the claim that she could support herself.
Additionally, the petitioner alleged adultery, arguing that this disqualified the wife from claiming maintenance. However, the respondent countered that these allegations were baseless and introduced only as an afterthought.
Court’s Observations
The court referred to precedents from the Supreme Court and High Courts, reiterating that occasional acts of adultery do not amount to living in adultery. Moreover, the court held that the mere accusation of cruelty or adultery is insufficient to deny a wife’s right to maintenance unless substantiated with credible evidence.
The bench also noted that the case had seen multiple complaints and criminal proceedings, none of which yielded significant results. Therefore, it upheld the Family Court’s order and dismissed the revision petition.
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