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high court of chhattisgarh at bilaspur

CRR No. 1322 of 2024

Judgment Reserved on 24.03.2025

Judgment Delivered on 09.05.2025

The Chhattisgarh High Court recently ruled that a woman divorced on the grounds of adultery is not entitled to claim maintenance from her husband under Section 125 of the Code of Criminal Procedure (CrPC).

Justice Arvind Kumar Verma added that when the family court grants a decree of divorce in favour of husband due to the wife's adultery, the Court in maintenance proceedings cannot take a contrary view.

"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," the Court held.

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