Adultery charges against wife to be decided before maintenance plea U/S 125 CrPC: Allahabad High Court

The Allahabad High Court held that the charges of adultery against the wife must be decided before the maintenance claim under Section 125 CrPC.

The 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 defendant-wife under Section 125 CrPC. It was argued that the wife being an adulteress was not entitled to any relief under section 125(4) CrPC.

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

Justice Manjive Shukla claimed that

“From a simple perusal of Section 125(4) Cr.PC, it is evident that once there is a categorical charge of adultery against the wife, then the court concerned dealing with the matter under Section 125 Cr.PC has to decide the issue of adultery and even interim maintenance can be granted only after recording a finding on the matter.”

The Court observed that the Trail Court made no observations on the allegations of adultery on the part of the wife. Granting a temporary stay of the trial court’s order, the Court ordered the parties to exchange affidavits.

Case Title: Dr. Virender Kumar v. State of UP and Another (CRIMINAL REVISION No. – 6106 of 2023)

Click here to read/download the order