Section 125(4) of the CrPC provides that if a woman ‘lives in adultery’, she is not entitled to claim maintenance from her husband.
The Chhattisgarh High Court recently ruled that a woman divorced on the grounds of adultery is not entitled to claim maintenance from her husband under Section 125 of the Code of Criminal Procedure (CrPC). Justice Arvind Kumar Verma emphasized that if a family court issues a divorce decree in favor of the husband due to the wife’s adultery, the court deciding maintenance claims cannot take a contradictory position.
“Sub-Section 4 of Section 125 of the CrPC provides that if a woman lives in adultery, whose marriage is still subsisting, she is not entitled for maintenance from her husband. Suppose, a decree for divorce is granted on the ground of her living in adultery, can it be said that the said disqualification of which she was suffering from all along, during the subsistence of the marriage, will cease to exist, because of the decree for divorce?. The prudent answer to this question shall be an emphatic – “No”. The decree obtained by the husband for divorce on proving the adulterous life of the wife cannot give a license to her to continue to live in illicit relationship and to get her right to claim maintenance revived. Therefore, I conclude that a divorced wife, who lives in adultery, viz., living in illicit relationship with man other than her former husband is disqualified from claiming maintenance, under Section 125 of the Code,” the Court held.
The Court was examining cross-petitions: one filed by the husband challenging the family court’s order requiring him to pay ₹4,000 per month as maintenance to his ex-wife, and the other filed by the woman contesting the inadequacy of the maintenance amount.
The husband argued that the family court failed to consider his financial constraints, highlighting that he was a contractual employee earning only ₹17,131 per month.
He also pointed out that the family court disregarded the fact that another court had granted him a divorce after finding that his wife was involved in adultery with his younger brother.
In response, the wife contested the order, arguing that the maintenance amount of ₹4,000 per month was insufficient and should be raised to ₹20,000, as she had no independent source of income.
She also claimed that the term “living in adultery” under Section 125(4) CrPC refers to an ongoing adulterous relationship, which she contended was not proven in her case.
After reviewing the arguments, the Court noted that the husband had filed for divorce under the Hindu Marriage Act, and a decree was granted on September 8, 2023, based on adultery.
“If once the decree for divorce is granted on the ground of adultery, such finding is relevant for deciding the issue of adultery in the present case. The decree is a decree passed on proof of the claim made by means of sufficient evidence which has not been challenged by the aggrieved party,” it added.
Accordingly, the Court held that the family court’s decree confirmed that the wife was living in adultery, which disqualified her from receiving maintenance from the husband.
Consequently, the High Court set aside the family court’s order granting ₹4,000 as maintenance to the wife. The husband’s revision petition was accepted, and the wife’s plea for increased maintenance was dismissed.
