The Delhi High Court recently ruled that a wife cannot be denied maintenance on the basis of occasional acts of adultery. The court clarified that such isolated acts do not equate to “living in adultery” as defined under Section 125(4) of the Criminal Procedure Code (CrPC). This decision was made by Justice Chandra Dhari Singh, who emphasized that only repeated acts of adultery or cohabitation in adultery meet the legal threshold for denying maintenance.
In this case, the husband had challenged a trial court order that directed him to pay his wife ₹15,000 per month as maintenance from August 2020. He argued that the wife was guilty of cruelty, adultery, and desertion, and therefore not entitled to maintenance. However, the High Court rejected his claims, stating that occasional acts of adultery and allegations of cruelty do not automatically disqualify a wife from receiving financial support.
The court highlighted that even when divorces are granted on the grounds of cruelty, courts often award alimony to wives. It reiterated that the law governing maintenance, including Section 125 of the CrPC, is designed to protect the welfare of dependents—such as wives, children, and parents—who cannot support themselves. The court also cautioned against the misuse of legal provisions by individuals trying to evade their responsibilities.
The allegation of adultery in this case was based on the testimony of the couple’s son, but the court found the evidence insufficient to prove that the wife was “living in adultery.” It clarified that occasional incidents do not meet the legal definition, and the husband’s claim was dismissed due to lack of concrete evidence.
Additionally, the court ruled out desertion as a valid ground for denying maintenance. It reaffirmed that the burden of proof lies with the husband to provide definitive evidence of adultery or desertion, which was not established in this case.
This judgment underscores the protective intent of India’s maintenance laws and affirms that occasional misconduct does not strip a wife of her right to financial support.
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