A man challenged a Family Court order granting maintenance to his ex-wife, who had been divorced on the ground of adultery.
The Chhattisgarh High Court has held that a divorced woman who is in an adulterous relationship—specifically, cohabiting with a man other than her former husband—is not entitled to claim maintenance under Section 125 of the Code of Criminal Procedure (CrPC).
This decision arose from cross-revision petitions presented before the High Court. The husband had contested a Family Court’s order directing him to pay ₹4,000 per month in maintenance to his ex-wife. On the other hand, the wife had sought an enhancement of the maintenance amount to ₹20,000 per month, citing her lack of income.
In response, the husband opposed her application, alleging that she had entered into an illicit relationship with his younger brother shortly after their marriage.
A Bench of Justice Arvind Kumar Verma said, “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 emphasized the statutory restriction imposed by Section 125(4) of the CrPC in such cases. It observed that the provision explicitly disqualifies a wife from receiving maintenance if she is living in adultery, refuses to reside with her husband without sufficient reason, or if the separation has taken place through mutual consent.
Furthermore, the Court clarified that even if a divorce is granted on the ground of the wife’s adultery, it does not reinstate her eligibility for maintenance, as the legal bar under Section 125(4) continues to apply for the duration of the marriage.
The High Court also examined the divorce decree, which had been issued by the Family Court based on credible evidence of the wife’s adulterous conduct. As the decree remained unchallenged, the Court deemed it binding and accepted it as conclusive proof of adultery.
