Wife Living in Adultery Not Entitled to Maintenance Under CrPC

A Delhi family court has ruled that a woman living in adultery cannot claim maintenance from her husband under Section 125(4) of the Criminal Procedure Code (CrPC). The judgment came after a divorced woman filed a plea seeking financial support from her estranged husband.

Case Background

The woman argued that her husband was legally and morally obligated to provide her maintenance but was deliberately avoiding his responsibility. However, the court highlighted that the couple had already been granted a divorce in May on the grounds of adultery.

The previous court had relied on a DNA test report, which confirmed that although the woman was the biological mother of a child, the husband was not the biological father. The woman did not challenge this finding, which was taken as an admission of adultery.

Court’s Observations

The judge cited Section 125(4) CrPC, which clearly states that a wife who is living in adultery is not entitled to maintenance. The court further observed that:

• The woman was living with another man.
• She owned properties that provided her with income.
• She had no financial responsibility for her children, as their expenses were being met by her husband.

Legal Significance

This judgment reinforces the principle under Section 125 CrPC, which provides maintenance rights to wives, children, and parents, but also sets out conditions under which the right can be forfeited. Once adultery is proven, a wife loses the right to claim financial support from her husband.

Conclusion

The Delhi court’s ruling serves as a reminder of the legal consequences of adultery in maintenance claims. While the law aims to protect dependent spouses, it also ensures that such rights are not misused in cases where a wife is found guilty of marital misconduct.