Allahabad HC: Court Must Decide on Allegation of Adultery Against Wife Before Granting Maintenance Under Section 125 CrPC

The Allahabad High Court ruled that if a clear allegation of adultery is made against the wife, the court must first address this issue under Section 125 of the CrPC before granting interim maintenance.

In this case, the husband contested a family court’s order awarding interim maintenance to his wife, despite his claim that she was involved in adultery. The Court has put the order on hold and directed the wife to submit a counter affidavit.

A Single Bench of Justice Manjive Shukla observed, “From a bare perusal of Section 125(4) Cr.P.C., it is patently manifest that once there is categorical allegation of adultery against the wife, then the court concerned dealing with the matter under Section 125 Cr.P.C. has to decide the issue of adultery and even interim maintenance can be awarded only after recording a finding on that issue.”

The revision was filed to challenge the Family Court’s order granting interim maintenance to the wife under the proviso to Section 125 of the Cr.P.C.

The husband argued that in the Section 125 Cr.P.C. proceedings, he had submitted a clear response asserting that the wife was involved in adultery. Therefore, under Section 125(4) Cr.P.C., he contended that she was not eligible for either interim or final maintenance.

Section 125(4) of the Cr.P.C. reads, “No wife shall be entitled to receive an [allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be,] 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.”

Upon examining Section 125(4) of the Cr.P.C., the High Court held that when a clear allegation of adultery is made against the wife, the court handling the matter under Section 125 must first address the issue of adultery. Only after reaching a determination on this issue can interim maintenance be granted.

Consequently, the Court observed, “This Court prima facie finds that the exercise as required under Section 125(4) Cr.P.C. is completely missing in the matter and without recording any finding on the issue of adultery, the impugned order dated 13.4.2023 has been passed whereby interim maintenance amounting Rs.7,000/- has been awarded in favour of Opposite Party.”

Accordingly, the High Court listed the matter for further hearing November 25, 2024.