Chhattisgarh High Court rules that a woman divorced on the ground of adultery is not entitled to claim maintenance under Section 125(4) CrPC.
Case in News
The Chhattisgarh High Court adultery ruling stated that a woman divorced for adultery cannot claim maintenance.
Case Overview
Case Name : [Husband] vs. [Wife] (Names withheld for privacy; judgment dated 08.09.2023)
In a recent ruling the Chhattisgarh High Court, led by Justice Arvind Kumar Verma held that a woman divorced on the ground of adultery cannot claim maintenance under Section 125 of the CrPC . The case involved cross-revisions—one by the husband against a ₹4,000/month maintenance order and another by the wife seeking enhancement to ₹20,000 . The husband had already obtained a divorce decree based on her proven adulterous relationship with his younger brother .
Key Aspects
This case highlighted the conflict between a woman’s right to maintenance and the disqualification under Section 125(4) of the CrPC . The Court examined whether a decree of divorce on grounds of adultery continues to bar the woman from seeking maintenance post-divorce .
- The wife was granted ₹4,000/month by the family court .
- Husband cited financial hardship and the wife’s proven adultery as grounds for setting aside the order .
- Divorce decree confirmed her adulterous conduct; not challenged in higher courts .
- Wife argued that adultery under Section 125(4) means an ongoing relationship which wasn’t proved .
Legal Insights
Before deciding on maintenance, the court reiterated that once a valid divorce decree is passed on the ground of adultery, the legal disqualification under Section 125(4) CrPC applies . The Court emphasized that such a finding cannot be reversed or ignored in subsequent maintenance proceedings .
- Section 125(4), CrPC : Bars maintenance if the wife is “living in adultery .”
- Hindu Marriage Act : Used by the husband to obtain divorce on grounds of adultery .
- The decree, supported by evidence and unchallenged served as proof of the wife’s disqualification .
- The Court held that adultery once proven continues to be a valid basis for denying maintenance .
Court’s Verdict
The Chhattisgarh High Court adultery ruling set aside the maintenance granted by the family court . It upheld the husband’s revision petition confirming that a woman divorced on grounds of adultery is barred from claiming maintenance . The wife’s plea for enhancement was rejected .
Source – High Court of Chhattisgarh
Read also – Criminal Procedure Code (BNSS)
