Chhattisgarh High Court Rules Wife Living In Adultery Not Entitled To Maintenance

A woman living in adultery is not entitled to maintenance, the Chhattisgarh High Court ruled earlier this month, as it dismissed a revision petition filed by a woman seeking an increase in maintenance from her former husband.

Not only did the court refuse her request for higher maintenance, it also set aside the maintenance previously granted by a lower court.

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The petitioner had approached the court seeking ₹20,000 per month in maintenance from her ex-husband, an increase from the ₹4,000 granted by the family court, reported The Indian Express.

She claimed that the couple had married in 2019 in accordance with Hindu customs and that she had endured mistreatment from her in-laws, who allegedly denied her food, while her husband accused her of having an extramarital relationship.

The woman left her husband in March 2021 and filed for divorce the same month. The divorce was finalised in September 2023, and she was subsequently granted maintenance in November.

In her petition, she asserted that her former husband earned ₹1 lakh monthly from multiple sources - ₹25,000 from employment, ₹35,000 from rental income, and ₹40,000 through agriculture - and therefore, she sought ₹20,000 in maintenance.

The husband contested this, alleging that the petitioner had been having an affair with her brother.

He claimed that when he confronted her, she argued with him and threatened legal action, then left their home "without sufficient reason".

He further disputed her income claims, stating that he earned only ₹17,131 and had no additional sources of income.

He argued that the family court had already proven the adultery charges, and that under Section 125(4) of the Code of Criminal Procedure, a woman is not eligible for maintenance if she is "living in adultery," refuses to live with her husband without reasonable cause, or if they have separated by mutual consent.

The woman's counsel, however, contended that "'living in adultery' constituted a present and continuing act."

"The fact is admitted by both the parties that they both lived under the same roof till March 2021 for the last time. Husband also admits/pleaded that she is living with her brother and sister-in-law. This itself implies by the admission and pleadings of the parties that she is living with her brother and sister-in-law and not living the adulterous life," the lawyer submitted.

Nonetheless, the High Court ruled in favour of the husband. "The decree for divorce granted by the family court in favour of the husband is sufficient proof that the wife was living in adultery. Once such a decree is in force, it is not possible for this court to take a different view contrary to the decree granted by the civil court."

"Therefore, this court is of the considered view that the decree granted by the family court clearly goes to prove that the wife is living in adultery and thus, the wife suffers from the disqualification to claim maintenance from the petitioner (husband)," the bench held.