The Allahabad High Court recently observed that the interim maintenance under Section 125 of the Code of Criminal Procedure (CrPC) can be awarded to the wife only after recording a finding on the husband’s allegation of adultery.

As per Section 125(4) of the CrPC, a wife is not entitled to any allowance for the maintenance or interim maintenance from her husband if she is living in adultery.
After reading the provision in a matrimonial case, Justice Manjive Shukla said,
“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 CrPC has to decide the issue of adultery and even interim maintenance can be awarded only after recording a finding on that issue.”

The Court was hearing a plea moved by the husband challenging grant of interim maintenance of ₹7,000 to his wife by a family court.
It was argued that since the wife was living in adultery, she was not entitled to any maintenance.
The Court agreed and proceeded to stay the order for interim maintenance.

“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 No.2,” it reasoned.
It also issued notice to the wife and posted the matter for consideration on November 25.