Chhattisgarh HC Denies Maintenance to Divorced Woman in Adultery Case
The Chhattisgarh High Court ruled that a divorced woman, found to be in an adulterous relationship, is ineligible for maintenance from her ex-husband. The court quashed the woman's petition and a family court's order for maintenance, citing statutory prohibition under section 125(4) of the Criminal Procedure Code.
- Country:
- India
In a significant legal ruling, the Chhattisgarh High Court has denied maintenance claims to a woman divorced on grounds of adultery. The court's decision underscores the legal interpretation of section 125(4) of the Criminal Procedure Code, which bars a wife living in adultery from seeking financial support from her ex-husband.
The case originated from Raipur, where a couple's marriage fell apart amid allegations of adultery by the woman with her husband's younger brother. Despite a family court's initial ruling granting Rs 4,000 monthly maintenance to the woman, the High Court reversed this decision, highlighting the statutory disqualification due to her adulterous conduct.
Justice Arvind Kumar Verma emphasized the importance of adhering to legal provisions when it comes to maintenance entitlements. The court's verdict reaffirms the principle that a verdict of adultery effectively nullifies the right to claim spousal support post-divorce.
(With inputs from agencies.)
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