Can wife claim maintenance if adultery proved in court in HINDI ?
Channel: Gareeb-Akbar
Date: 2020-04-22

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The Bombay High Court recently pointed out that a wife, divorced on ground of adultery 
having been proved against her, is not entitled to maintenance from her former husband. 



Justice Nitin W Sambre made the observation while dismissing a petition by a divorced wife 
challenging a Sessions Court order that had cancelled maintenance earlier awarded to her.


The Sessions Court had passed the order in view of the embargo on granting maintenance to a 
wife who was divorced on proven charges of adultery against her under Section 125 (4) of 



the Criminal Procedure Code (CrPC). 
Section 125 (4), CrPC states, 



"No Wife shall be entitled to receive an allowance from her husband under this section if she 
is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, 
or if they are living separately by mutual consent."