Allegations Of Adultery Against Wife To Be Decided Before Application For Maintenance U/S 125 CrPC: Allahabad High Court

The Allahabad High Court has held that allegations of adultery against wife must be decided before the application for maintenance under Section 125 CrPC.

Revisionist-husband approached the High Court against the order of the Additional Principal Judge, Family Court, Firozabad awarding interim maintenance of Rs. 7000/- to the respondent-wife under Section 125 CrPC. It was argued that the wife being adulterous was not entitled to any relief by virtue of Section 125(4) CrPC.

Section 125(4) provides that if the wife choses to live separately from the husband with mutual consent or refuses to live with him, then she will not be entitled to interim or final maintenance.

Justice Manjive Shukla held that

“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 Court observed that the Trail Court had made no observation regarding the allegations of adultery on part of the wife. Granting interim stay on the order of the Trial Court, the Court directed the parties to exchange affidavits.

Case Title: Dr. Virender Kumar v. State of U.P. and Another [CRIMINAL REVISION No. - 6106 of 2023]

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