In a firm legal stance, the Chhattisgarh High Court has ruled that a woman divorced on the grounds of adultery cannot claim maintenance from her former husband under Section 125 of the Code of Criminal Procedure (CrPC).
The judgment hinges on Section 125(4), which explicitly states that a woman living in adultery is not entitled to maintenance while the marriage subsists. The court extended this principle even after divorce, clarifying that a decree dissolving the marriage due to adultery does not erase the disqualification for maintenance.
Justice Arvind Kumar Verma emphasized that a divorce granted on proof of adultery cannot be treated as a “clean slate” that restores any rights forfeited during the marriage. The ruling stresses that the former wife’s continuation in an illicit relationship disqualifies her from any claim for support.
The case unfolded when the husband challenged a family court’s order directing him to pay ₹4,000 monthly maintenance. He pointed to his limited income as a contractual employee and cited the divorce decree obtained due to his wife’s affair with his younger brother.
On the other side, the wife contested the amount as insufficient and argued that the term “living in adultery” referred to an ongoing relationship, which she claimed was not proven.
The High Court dismissed her argument, noting the earlier divorce decree issued on September 8, 2023, which had already established the adultery claim beyond doubt. The court ruled that this finding was binding and barred her from claiming maintenance.
Ultimately, the High Court set aside the family court’s maintenance order, allowing the husband’s petition and denying the wife’s plea for increased support.