Can A Divorced Woman Who Lives In Adultery Claim Maintenance From Former Husband?: Chhattisgarh High Court Answers
A man challenged a Family Court order granting maintenance to his ex-wife, who had been divorced on the ground of adultery.
Justice Arvind Kumar Verma, Chhattisgarh High Court
The Chhattisgarh High Court has held 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 of Criminal Procedure (CrPC).
The case originated from cross-revision petitions filed before the High Court. The husband had challenged an order of the Family Court which directed him to pay Rs. 4,000 per month as maintenance to his divorced wife. The wife, on the other hand, had sought enhancement of the maintenance amount to Rs. 20,000 per month, claiming she lacked any source of income.
The husband contested the application, arguing that his wife had developed illicit relations 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.”
Advocate P. Acharya appeared for the Applicant and Advocate Shubhank Tiwari appeared for the Resppndent.
The Court emphasized the statutory disqualification under Section 125(4) CrPC in such cases.
The Court observed that Section 125(4) of the CrPC clearly provides that a wife is not entitled to maintenance if she is living in adultery, refuses to live with her husband without sufficient cause, or if the separation is due to mutual consent.
The Court held that once the wife is found guilty of living in adultery, a decree of divorce granted on that basis does not revive her right to maintenance, as her disqualification existed throughout the marriage.
The High Court examined the divorce decree, which was granted after the Family Court found sufficient evidence proving the wife’s adulterous conduct. The Court held that this decree, which had not been challenged, was binding and constituted conclusive proof of adultery.
The Court observed that the evidence accepted by the Family Court in the divorce proceedings—which led to the dissolution of marriage was directly relevant for deciding the issue of maintenance under Section 125 CrPC.
Holding that the wife was barred from claiming maintenance due to the proven adulterous relationship, the High Court allowed the husband’s revision, set aside the Family Court’s order, and dismissed the wife’s plea for enhanced maintenance.
Cause Title: X v. Y, [2025:CGHC:21793]
