The Delhi High Court has recently ruled that continuous and repeated acts of adultery or cohabitation in adultery disentitled a woman for Maintenance in view of Section 125(4) of the CrPC.

Section 125(4) of the CrPC,says that no wife shall be entitled for maintenance from her husband if she is living in adultery, or if she refuses to live with her husband for any reason, or if they are living separately by mutual consent.

The Court was hearing a criminal revision petition seeking to set aside an order and judgement passed by the Family Court.

In this case, it was argued that the wife was more than capable of supporting herself and was earning enough money to do so, and her employment during the pendency of the case was also admitted by her during cross-examination.

Because the wife had sufficient means to support herself, it was argued that the application under section 125 of the Cr.P.C. could not be maintained in the first instance.

The respondent argued that the petitioner’s allegation of adultery against the wife was an afterthought and that there was no evidence to prove the allegation of adultery against her.

The Court noted that the law derived from various Supreme Court and High Court precedents establishes the position of maintenance payment, holding that the ground of cruelty does not deprive the wife of her right to maintenance.

The Court stated that the current case was also one of those in which the parties had engaged in a number of complaint and criminal cases with no result.

As a result, the Court denied the revision petition and upheld the contested order.